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The chapter examines the implications of this opening of the international remedial process to individuals and private entities, and focuses on three distinct but inter-linked aspects of the emergence of access to justice as a human right in the field of foreign investment. Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
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University Press Scholarship Online. Sign in. Not registered? Sign up. Publications Pages Publications Pages. Search my Subject Specializations: Select Announcing that it will include all of Croatia's alleged war crimes during the 20th century, Serbia states that it wants to establish the truth for the sake of both country's future EU membership. However, NGO's fear that the World Court proceedings will only worsen relations between the two countries.
Access to Justice, Denial of Justice, and International Investment Law
Uganda and the Democratic Republic of Congo DRC prepare to reach an agreement on how Kampala should compensate the DRC for plundering its resources and killing civilians during the occupation that lasted between and The negotiations have not been finalized and international law experts warn that any compensation is almost impossible to implement.
Godfrey Wanzira, a Ugandan lawyer, believes that Uganda can easily prolong the process by appealing, and "DRC officials may well suspect that Kampala will never pay reparations. The dispute is over the arrest and expulsion of Guinean entrepreneur Ahmadou Sadio Diallo in in the DRC following a court decision which required Congolese oil companies to pay Diallo millions of dollars.
Guinea accuses the DRC of accepting bribes from the oil companies to expel Diallo from the country. DRC maintains that it should not be held responsible for former corrupt dictator Mobutu Sese Seko's actions. International Herald Tribune. The International Court of Justice allowed Serbia to withhold parts of its military records, leaving out key material that, according to some legal experts and human rights groups, could have proven Belgrade's complicity in the Srebrenica massacre.
Serbia successfully argued its case on the grounds of "national security," with one lawyer saying "every country will do everything possible to protect the state. The article suggests that by absolving Serbia of complicity in the Bosnian genocide, the International Court of Justice shied away from making a bold and authoritative ruling, for fear of "offending" Serbian sovereignty.
But the author concedes that the complex legal definition of genocide constrained the ICJ to some extent to choose "the least invasive remedy. This openDemocracy piece denounces what the author calls the International Court of Justice's denial of "the genocidal character" of Serbia's campaign of violence against non-Serbs in the earlys Balkan conflict. The author charges that based on its "narrow understanding" of genocide, the world court failed to fully determine Serbia's role in the systematic mass killings, "despite overwhelming evidence.
In the historic case between Bosnia-Herzegovina and Serbia, the International Court of Justice ruled for the first time that a state — and not just individuals — can be responsible for acts of genocide. Additionally, the landmark ruling drew attention to the legal challenges of proving "specific intent" to destroy an entire group and of distinguishing between genocide and other mass killings. Citing a lack of evidence backing such intent, the world court "cleared" the Serbian government of committing genocide during the Bosnian war.
Judges at the International Court of Justice ICJ have ruled that while genocide did indeed occur during the war in the Balkans, Serbia does not bear direct responsibility for the atrocities, as the Bosnian government has charged.
Decentring the ICJ: A critical analysis of the Marshall Islands judgments - QIL QDI
However, the judge panel concluded that Belgrade had violated international law by failing to prevent the Srebrenica massacre and by not earnestly committing to capturing high-profile fugitives. While the ICJ's judgment clears Serbia's government of complicity in the genocide, the UN-backed International Criminal Tribunal for Yugoslavia continues in its quest to bring alleged perpetrators of the war crimes to justice. Agence France Presse. As the number of courts handling international disputes grows, so too does the burden of providing enough resources to maintain the high legal and operational standards in each one.
Given the increasing number of "fact-intensive" cases, such a deficiency can compromise the service that the top UN court awards its clients, says ICJ president Rosalyn Higgins. UN News. The Argentine government disputes the environmental impact of the construction project and accuses Uruguay of violating a bilateral agreement on the river. The ICJ has denied Argentina's request to stop construction but will evaluate the potential risks of the pulp plants once operations begin. Associated Press.
Iraqi Civilians v. Ministry of Defence: Denial of Justice in Cases Involving International Torts
The International Court of Justice ICJ has yet to tackle its "most complex case" dealing with genocide rather than the usual disputes over sovereignty, territories and diplomatic relations. Divided over the legal definition of genocide, experts anticipate the Court's interpretation of events that took place during the Bosnian war. An ICJ ruling in favor of Bosnia in the country's case against Serbia "would implicate the entire Milosevic government. UN-mediated negotiations have brought the border dispute between Nigeria and Cameroon to an end. The accord stipulates a transition period for the withdrawal of Nigerian administration and military forces from the oil-rich and largely-Nigerian populated Bakassi peninsula.
Although previous agreements, in accordance with a International Court of Justice ruling to cede the territory to Cameroon, have fallen through, mediators believe that this deal reflects a "great achievement in conflict prevention. Judges will begin deliberations on whether the International Court of Justice ICJ has the power to rule in Bosnia's landmark genocide case against Serbia. Despite acknowledging that Bosnia suffered gravely, Serbia refuses to accept responsibility for atrocities committed during the war. Bosnia's advocates argue accountability will allow for a move towards "true peace," while Serbia's representatives point out that anything other than reconciliation might inflame tensions between the two states.
The Israeli security barrier in the West Bank case and Bosnian genocide allegations against Serbia demonstrate that the ICJ's has become "more confident of its jurisdiction. According to Serbian leaders, "raking over the coals of the past" will have a negative effect on future relations in the Balkans.
But Bosnia wants the case to establish an unchallengeable account of the conflict. Commentators affirm that the ICJ will establish a precedent for holding the state responsible for human rights violations.
Christian Science Monitor. Bosnia however faces difficulty in proving state responsibility for such a complex crime. This Institute of War and Peace Reporting extensive investigation details the Bosnia's case against Serbia, dicusses issues of jurisdiction and looks at the broader consequences of a ruling in Bosnia's favor. The political stigma for Belgrade will be significant, but other commentators believe a finding for Bosnia will be key to future friendly relations between the two nations. The author draws comparisons to the invasion and occupation of Iraq but does not believe a similar Iraqi claim is foreseeable given the ICJ's limited powers of enforcement and jurisdiction.
East African. A year later, this author argues that although Israeli authorities continue to deny ICJ jurisdiction, the Court's decision provides an important framework for the international community to develop political, economic and diplomatic pressures on Israel, and also offers a legal voice to the sovereignty-lacking Palestinian nation. Despite Rwanda's opposition to proceedings, the International Court of Justice begins hearing Kinshasa's allegations of "massive human rights violations" by Rwandan soldiers on Congolese soil.
The Democratic Republic of Congo has filed a similar complaint against Uganda, but neither trial seems likely to come to a verdict in the near future. The Democratic Republic of Congo DRC has taken Uganda before the International Court of Justice to demand compensation for Kampala's involvement in human rights abuses, looting and property destruction during the country's civil war. Uganda has filed a counterclaim accusing the DRC of attacking Ugandan citizens and diplomatic buildings in Kinshasa.
The proceedings will likely take years before completion.
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A US-proposed protocol to the Vienna Convention handed authority to the International Court of Justice ICJ over cases of jailed foreign citizens who contended they had been denied access to a diplomat. The US was the first country to employ the protocol, over the hostage crisis in Iran. But the Bush administration has backed out of the agreement, saying it granted the ICJ power over the justice system that they "had not anticipated. The US has announced its withdrawal from an optional protocol that gives the International Court of Justice ICJ jurisdiction to hear disputes involving foreign nationals sentenced to death in the US.
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