91 See Southern Bluefin Tuna Cases (New Zealand v Japan; Australia v Japan), Provisional Measures, International Tribunal for the Law of the Sea judgment of 27 Aug 1999. 56 Loizidou v Turkey (1995) 20 EHRR 99 at paras 70 ff. 77 Estatuto de la Corte Centroamericana de Justicia (1992), Arts 22(b), 22(c), 22(e), 22(g), 22(j), 22(k), and 24. 83 WTO case DS26 European Communities: Measures concerning meat and meat products (hormones) (Brought by US); WTO case DS48 European Communities: Measures affecting meat and meat products (hormones) (Brought by Canada). Series C: Acts and documents relating to Judgments and Advisory Opinions given by the Court / Pleadings, Oral Arguments and Documents Series D: Acts and Documents concerning the organization of the Court Full text views reflects the number of PDF downloads, PDFs sent to Google Drive, Dropbox and Kindle and HTML full text views. Case concerning Fisheries Jurisdiction (Spain v. Canada) Judgment of 4 December 1998. * Views captured on Cambridge Core between . 29 Fisheries Jurisdiction (Spain v Canada), Jurisdiction of the Court, Judgment, ICJ Reports, 1998, 432. Restoring Foreign Investor Confidence in ASEAN: Legal Framework for Dispute Settlement Processes. The Fisheries Jurisdiction Case (Spain v. Canada), Judgment on Jurisdiction of 4 December 1998 - Volume 48 Issue 3 - Louise De La Fayette We use cookies to distinguish you from other users and to provide you with a better experience on our websites. 31 Ibid, at paras 23–8. * Judge of the International Court of Justice. ICJ (1998) Spain filed ICJ application against Canada in respect to Canadians boarding Spanish boat. 96 Address to the Plenary Session of the General Assembly of the United Nations by Judge Stephen M Schwebel, President of the International Court of Justice, 26 Oct 1999, A/54/PV 39; The Proliferation of International Judicial Bodies: The Outlook for the International Legal Order—Speech by His Excellency Judge Gilbert Guillaume, President of the International Court of Justice, to the Sixth Committee of the General Assembly of the United Nations, 27 Oct 2000, above n 87. 24 North Sea Continental Shelf Judgment, ICJ Reports, 1969, 3. Fisheries Jurisdiction case (Spain v. Canada) Country/Territory Spain, Canada Type of court International court Date Dec 4, 1998 Source UNEP, InforMEA Court name International Court of Justice Judge Schwebel Weeramantry Oda Bedjaoui Guillaume Ranjeva … 73 ‘MERCOSUR’ in Spanish; ‘MERCOSUL’ in Portuguese. 84 WTO case DS56 Argentina: Measures affecting imports of footwear, textiles, apparel and other items (brought by US); WTO case DS77 Argentina: Measures affecting textiles, othing and footwear (Brought by EC); WTO case DS121 Argentina: Safeguard measures on imports of footwear (Brought by EC); WTO case DS123 Argentina: Safeguard measures on imports of footwear (Brought by Indonesia); WTO case DS164 Argentina: Measures affecting imports of footwear (Brought by US). 88 ECHR case Loizidou v Turkey, above n 56, at paras 65–89. 90 Southern Bluefin Tuna Case (Australia and New Zealand v Japan) available at . The Court of Central American Justice (Corte de Justicia Centroamericana), in place from 1908 to 1918, was the first permanent international court in the world. Close this message to accept cookies or find out how to manage your cookie settings. 62 Arrest Warrant of 11 Apr 2000, above n 12 at paras 58–61. 26 Passage through the Great Belt (Finland v Denmark), Order of 10 Sept 1992, ICJ Reports, 1992, 348, at 348–9. The major issue today seems to be one of the coherence of human rights protection in Europe—an issue addressed with knowledge, depth, and insight by Kruger and Polakiewicz in the October Human Rights Law Journal.2. 55 Al-Adsani v United Kingdom (2002) 34 EHRR 27 at para 55. 8 On the history of the International Court of Justice see generally Eyffinger, A, The International Court of Justice: 1946–1996 (The Hague: Kluwer Law International, 1996); id, The 1899 Hague Peace Conference: ‘The Parliament of Man, the Federation of the World’ (The Hague: Kluwer Law International, 1999); id, The Peace Palace: Residence for Justice, Domicile for Learning (The Hague: Carnegie Foundation, 1988); Knipping, F, H von, Mangoldt, and Rittberger, V (eds), The United Nations System and its Predecessors (Oxford: Oxford University Press, 1997). Usage data cannot currently be displayed. Documents of the case. It also stated that the Court lacked jurisdiction to deal with the Application filed by Spain, by reason of paragraph 2 (d) of a Declaration made by Spain on 10 May 1994, whereby Canada accepted the compulsory jurisdiction of the Court but excluded it under certain circumstances. 87 Address by HE Judge Gilbert Guillaume, President of the International Court of Justice, to the United Nations General Assembly, 26 Oct 2000, A/55/PV 41; The Proliferation of International Judicial Bodies: The Outlook for the International Legal Order—Speech by the President of the International Court of Justice, to the Sixth Committee of the General Assembly of the United Nations, 27 Oct 2000, available at . Spain claimed unlawful infringement of the freedom of navigation and fishing on the high seas, and of Spain's exclusive jurisdiction involving Spanish vessels. 93 Prosecutor v Dusko Tadic, ICTY Appeals Chamber judgment of 15 July 1999. 89 Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, Advisory Opinion, ICJ Reports, 1951, 15. 23 Ibid, 1958–1959, at 83; Barcelona Traction, Light and Power Company, Limited, Order of 10 April 1961, ICJ Reports, 1961, 9 at 10; Barcelona Traction, Light and Power Company, Limited, Second Phase, Judgment, ICJ Reports, 1970, 3. The relationship between Luxembourg and Strasbourg has been well explored, and has developed over the years. 33 Anklagemyndigheden v Peter Michael Poulsen and Diva Navigation Corp (Case C-286/90) [1992] ECR I-6019. Canada claims that the patrol boat was acting under applicable Canadian legislation. The Central American Integration System (SICA) at the Dawn of a New Century: Will the Central American Isthmus Finally be Able to Achieve Economic and Political Unity? International & Comparative Law Quarterly, Check if you have access via personal or institutional login, COPYRIGHT: © British Institute of International and Comparative Law 2003, International & Comparative Law Quarterly, A New Idea for Europe: The Schuman Declaration:1950–2000, Office for Official Publications of the European Communities, The International Court of Justice: 1946–1996, The United Nations System and its Predecessors, ‘International Law in a World of Liberal States’ (, Dispute Resolution in MERCOSUL: The Protocol of Las Leñas and the Case Law of the Brazilian Supreme Court, Alguns Conceitos Básicos Necessarios a Susa Compreennsao. This data will be updated every 24 hours. The SICA includes Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. 71 International Covenant on Civil and Political Rights (1966). 68 ‘Only States may be parties in cases before the Court’, Statute of the International Court of Justice, 1945, Art 34(1). States, individuals, and legal entities were allowed to bring actions before that Court. 60 Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, Art 3. 7 Single European Act (1986), Arts 4, 11, and 26. master.7 On December 4, 1998, the Court decided by 12 votes to 5 that it lacked jurisdiction over the dispute. 33 Anklagemyndigheden v Peter Michael Poulsen and Diva Navigation Corp (Case C-286/90) [1992] ECR I … Fisheries Jurisdiction (Spain v. Canada) - Hearings to be held from 9 to 17 June 1998 on the issue of the jurisdiction of the Court Available in: English French The European Court of Justice and the International Court of Justice are both courts born of war, established by interstate treaties and having their seats in European cities.