International Legal Argument in the Permanent Court of International Justice

The Rise of the International Judiciary

The International Court of Justice at The Hague is the principal judicial organ of the United Nations, and the successor of the Permanent Court of International Justice (1923–46), which was the first real permanent court of justice at the international level. This book analyses the ground-breaking contribution of the Permanent Court to international law, in terms of both judicial technique and the development of legal principle.

   The book draws on hitherto unpublished archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time, it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.

OLE SPIERMANN is Lecturer in International Law at the University of Copenhagen. He specialises in international law and international dispute settlement. He is a member of the Executive Council of the International Law Association as well as the ILA Committees on International Commercial Arbitration and Foreign Investment. Dr Spiermann is an associate with Jonas Bruun Law Firm, Copenhagen.

CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW

Established in 1946, this series produces high quality scholarship in the fields of public and private international law and comparative law. Although these are distinct legal sub-disciplines, developments since 1946 confirm their interrelation.

   Comparative law is increasingly used as a tool in the making of law at national, regional and international levels. Private international law is now often affected by international conventions, and the issues faced by classical conflicts rules are frequently dealt with by substantive harmonisation of law under international auspices. Mixed international arbitrations, especially those involving state economic activity, raise mixed questions of public and private international law, while in many fields (such as the protection of human rights and democratic standards, investment guarantees and international criminal law) international and national systems interact. National constitutional arrangements relating to ‘foreign affairs’, and to the implementation of international norms, are a focus of attention.

   The Board welcomes works of a theoretical or interdisciplinary character, and those focusing on the new approaches to international or comparative law or conflicts of law. Studies of particular institutions or problems are equally welcome, as are translations of the best work published in other languages.

A list of books in the series can be found at the end of this volume.

International Legal Argument in the Permanent Court of International Justice

The Rise of the International Judiciary

Ole Spiermann
University of Copenhagen

PUBLISHED BY THE PRESS SYNDICATE OF THE UNIVERSITY OF CAMBRIDGE
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CAMBRIDGE UNIVERSITY PRESS
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© Ole Spiermann 2004

This book is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without
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First published 2004

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Library of Congress Cataloguing in Publication data
Spiermann, Ole.
International legal argument in the Permanent Court of International Justice : the rise of the international judiciary / by Ole Spiermann.
p. cm. -- (Cambridge studies in international and comparative law (Cambridge, England : 1996))
Includes bibliographical references and index.
ISBN 0 521 83685 9 (HB)
1. Permanent Court of International Justice. 2. International courts – History – 20th century. I. Title. II. Series.
KZ6260.S65 2004
341.5ʹ52 – dc22 2003069728

ISBN 0 521 83685 9 hardback

The publisher has used its best endeavours to ensure that URLs for external websites referred to in this book are correct and active at the time of going to press. However, the publisher has no responsibility for the websites and can make no guarantee that a site will remain live or that the content is or will remain appropriate.

The future will be ours.

B. C. J. Loder, 1920

I should like to compare our decisions to ships which are intended to be launched on the high seas of international criticism.

Max Huber, 1927

The drawback of an experiment, carried on on this scale, is that it must succeed.

Åke Hammarskjöld, 1935

The Permanent Court of International Justice was the most important link.

J. Gustavo Guerrero, 1946

Contents

Foreword

From the point of view of international courts and tribunals we live in paradoxical times. There is more activity than ever in the professional memory of the present generation of international lawyers. Some at least of the cases – not only before the International Court but also (and perhaps even more so) before the WTO Dispute Settlement Body, the various human rights and international criminal courts and the ad hoc tribunals and commissions – are of considerable importance. The cumulation of cases is developing the jurisprudence of specific areas of international law in a rapid way. And yet there is a pervasive sense that the whole ‘ system’ is insecure, uncertain in its constitutional underpinnings, erratic in the political support for it and largely unrelated to key issues facing the world at this time.

   This being so, a study of the foundations of international decision-making by the first permanent international court is of renewed interest. The Permanent Court of International Justice was not seen by its members or by governments as a prelude or an overture to something else; it was the beginning of a distinctive and permanent institution. It faced its own problems of the elaboration of international judicial technique and the development of the law amidst political uncertainty and a wavering mandate. Dr Spiermann clearly identifies the focus of the work as ‘the use of international legal argument outside the Buchrecht, that is, in practice’. Its significance for us is enhanced given the close continuity between the Permanent Court and the International Court, not just in terms of formal rules (the Statute of the new Court being a virtual copy of the old) but also in terms of the practice – the ‘received stock of concepts’ and techniques which were not received from elsewhere but had to be invented, the ways of handling advisory and contentious cases that developed as a result. These emerged from the practice of the Permanent Court. How they did so, and the tensions and disagreements faced by the participants in the process, form the core of this splendid book.

   These days, our expectations of doctoral theses have been lowered to fit the one size that funding bodies will allow. They are in many cases rather apprentice works than master pieces even in the original sense of that term. But Dr Spiermann’s work transcends the limits of the genre, and will be of permanent value. His careful account, based on substantial archival research and on new sources of insight, permits an evaluation of the Permanent Court which is both balanced and positive. At the same time, practice is related to theory: the work makes a contribution to thinking about the underpinnings of international legal reasoning and its relation to the law we are all first taught, national law from one or another country and the accompanying national legal traditions. For beyond the historical account of the Permanent Court there is also a subtle theory about the ‘sources’ of international law, which has sprung, as Dr Spiermann argues, from ‘[t]he national lawyer’s need for international law’. The dynamic between international and national here is thoughtfully analysed, even if we may end where we began with a conviction that the traditions of legal thought and process intersect and cannot be captured by dualistic categories.

   Dr Spiermann is to be warmly congratulated. Hereafter the history of the Permanent Court will not be able to be written except by reference to this work.

James Crawford
Lauterpacht Research Centre for International Law
University of Cambridge
28 February 2004

Acknowledgments

This book is an extended and thoroughly revised version of a thesis submitted to the University of Cambridge in 1999 for the degree of Doctor of Philosophy. It represents the outcome of years of contemplation that began way back in 1993 in Copenhagen. The bulk of the work was carried out during my years in Cambridge, beginning in 1995 when I was enrolled in the LLM programme in international law. I stayed on for another three years as a doctorate student in that unique atmosphere of international legal research that I had come to identify with, first of all, Professor James Crawford and Professor Philip Allott.

   Professor Crawford was the supervisor of my LLM thesis, ‘Mrs Butterfingers’ Essay on Sovereignty’. He continued as my supervisor for the first two years of my PhD research, and he also kindly helped me in the last intense weeks before submission of the thesis, and again before submission of this manuscript. His broadmindedness, efficiency and general interest in legal research provided an exceptional atmosphere in which to explore new ideas. In my last year of research, when Professor Crawford was on sabbatical, Professor Vaughan Lowe took over the supervision of my research. Professor Lowe introduced me to the welcome, though onerous, concept of archival research, which soon took me around Europe and to the United States. I have consistently been aware of what a privilege it has been to have such excellent scholars to guide me. I give them my warmest thanks.

   I also thank my examiners, Professor Philip Allott and Professor John G. Merrills, for valuable criticism. The viva took place in the same rooms in Trinity College, Cambridge in which I had originally discussed the prospects of a doctorate with Professor Allott. I also wish to thank Professor Martti Koskenniemi, who read the revised manuscript of this book and provided me with much appreciated comments. Professor Koskenniemi’s From Apology to Utopia has served as a source of inspiration since the very beginning of my research in international law. Thanks also to my parents and sister and to Mrs Ciara Damgaard, Mr Knut Hammarskjöld, Ms Joanna Harrington, Dr Ulrich Huber, Mr Thomas Holst Laursen, Mr Amnon Lev, Mr Per Magid and Miss Anna Stamhus Nielsen, and to Ms Finola O’Sullivan, Dr Alison Powell, Mr Martin Gleeson and all at the Press who have brilliantly carried out the publication of this book.

   It is with happiness that I reminisce on my visits to the Archives du Ministère des Affaires Etrangères at the Quai d’Orsay, the Bundesarchiv in Koblenz, the Harvard Law School Library in the ‘other’ Cambridge, the Kungliga biblioteket in Stockholm, the Library of Congress in Washington DC, the Nationaalarchief in The Hague, the National Archives and Records Administration in Maryland, the Peace Palace Library in The Hague, the Public Record Office in London, the Rigsarkivet in Copenhagen, the Universitäts- und Landesbibliothek Münster and the Zentralbibliothek in Zurich. Thanks also to the staffs at the League of Nations Archives in Geneva, the Squire Law Library in Cambridge, the Yale University Library in New Haven, the Memorial Hall of the M. Adachi Foundation in Kyoto and the Minnesota Historical Society in St Paul.

   The Danish Research Academy generously funded my PhD research. I am pleased also to record my thanks to the British Council, which contributed towards the costs of my LLM year, and to the Anglo-Danish Society, the University of Copenhagen, Jesus College, Cambridge and the Axel H’s Rejselegat. I also thank the Augustinus Fonden, the Axel H’s Rejselegat, the Davids Samling, the Margot og Thorvald Dreyers Fond, the Finneske Legat, the Gangstedfonden and the Knud H⊘jgaards Fond for providing generous funding towards the costs of archival research and other expenses incurred while revising the manuscript at the University of Copenhagen.

   The present work is dedicated to Karina, who I thank last and most.

Copenhagen
1 October 2003

Table of cases

Aaland Islands Case, Official Journal 1920, Special Supplement No. 3 (1920), 151, 164, 361

Aaland Islands Case (Second Phase), Document du Conseil B7, 21/68/106 (1921), 164

Access to German Minority Schools in Polish Upper Silesia, PCIJ Series A/B No. 40 (1931), 229, 323

Access to, or Anchorage in, the Port of Danzig of Polish War Vessels, PCIJ Series A/B No. 43 (1931), 330, 334, 335

Acquisition of Nationality, see Questions concerning the Acquisition of Polish Nationality

Admission of a State to the United Nations (Charter, Art.4), ICJ Reports [1947–8] 57, 98, 137, 395

Aegean Sea Continental Shelf, ICJ Reports [1978] 3, 83, 94, 103, 156

Aerial Incident of 10 August 1999, ICJ Reports [2000] 12, 103

Affaire de l’île de Timor, 11 RIAA 490 (1914), 74

Affaire des biens britanniques au Maroc espagnol, 2 RIAA 615 (1924), 87, 151, 155, 197, 202, 204–5, 229, 255, 272

Affaire des chemins de fer Zeltweg-Wolfsberg et Unterdrauburg-Woellan, 3 RIAA 1795 (1934), 358

Affaire des réparations allemandes selon l’article 260 du Traité de Versailles, 1 RIAA 429 (1924), 190, 199, 233

Affaire des zones franches, 3 RIAA 1455 (1933), 292

Affaire relative à la concession des phares de l’empire ottoman, 12 RIAA 155 (1956), 373–5

Affaire relative à l’acquisition de la nationalité polonaise, 1 RIAA 401 (1924), 187

AGIP v. Congo, 1 ICSID Reports 306 (1979), 79

Al-Adsani v. United Kingdom, ECHR Reports 2001-XI, 125

Albanian Minority Schools, see Minority Schools in Albania

Aloeboetoe et al. v. Suriname (Compensation), 116 ILR 260 (1993), 86

Ambatielos Case (Merits), ICJ Reports [1953] 10, 197

Amco Asia Corporation and Others v. Indonesia (Jurisdiction), 1 ICSID Reports 389 (1983), 115

Amco Asia Corporation and Others v. Indonesia (Resubmitted Case) (Jurisdiction), 1 ICSID Reports 543 (1988), 223

Anglo-Iranian Oil Co. Case (Jurisdiction), ICJ Reports [1952] 93, 79, 103, 137

Appeal from a Judgment of the Hungary-Czechoslovak Mixed Arbitral Tribunal (the Peter Pázmány University v. the State of Czechoslovakia), PCIJ Series A/B No. 61 (1933), 349, 353–4

Appeals from certain Judgments of the Hungary-Czechoslovak Mixed Arbitral Tribunal, PCIJ Series A/B No. 56 (1933), 357

Applicability of the Obligation to Arbitrate under Section 21 of the United Nations Headquarters Agreement of 26 June 1947, ICJ Reports [1988] 12, 172

Application for Review of Judgment No. 158 of the United Nations Administrative Tribunal, ICJ Reports [1973] 166, 112, 172

Application for Review of Judgment No. 273 of the United Nations Administrative Tribunal, ICJ Reports [1982] 325, 172

Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Preliminary Objections), ICJ Reports [1996] 595, 124

Article 3, Paragraph 2, of the Treaty of Lausanne (Frontier between Turkey and Iraq), PCIJ Series B No. 12 (1925), 4, 189, 230–42, 266, 293, 297

Asian Agricultural Products Limited v. Sri Lanka, 4 ICSID Reports 246 (1990), 99

Barcelona Traction, Light and Power Company Limited (Merits), ICJ Reports [1970] 3, 54, 79, 85, 86, 122, 124, 125, 153, 384

Borchgrave Case (Preliminary Objections), PCIJ Series A/B No. 72 (1937), 329, 359, 371

Border and Transborder Armed Actions (Jurisdiction and Admissibility), ICJ Reports [1988] 69, 76, 220

Brazilian Loans, see Case concerning the Payment in Gold of Brazilian Federal Loans contracted in France

Brown v. United Kingdom, 6 RIAA 120 (1923), 358

Case concerning Avena and other Mexican Nationals, ICJ Reports [2004] (not yet reported) (31 March 2004), 84

Case concerning Certain German Interests in Polish Upper Silesia (Jurisdiction), PCIJ Series A No. 6 (1925), 192, 195, 196, 206, 215–24, 277–8, 359, 382

Case concerning Certain German Interests in Polish Upper Silesia (Merits), PCIJ Series A No. 7 (1926), 25, 76, 187, 188, 213, 215–24, 224, 277–8, 279, 291, 297, 333, 353, 361, 399

Case concerning Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Merits), ICJ Reports [2001] 40, 4, 345

Case concerning Right of Passage over Indian Territory (Merits), ICJ Reports [1960] 6, 94, 104, 253, 381

Case concerning Rights of Nationals of the United States of America in Morocco, ICJ Reports [1952] 176, 74, 294

Case concerning the Administration of the Prince von Pless (Jurisdiction), PCIJ Series A/B N0. 52 (1933), 358, 382, 384

Case concerning the Administration of the Prince von Pless, PCIJ Series A/B No. 59 (1933), 357, 381, 384

Case concerning the Aerial Accident of July 27th, 1955 (Preliminary Objections), ICJ Reports [1959] 127, 12, 220

Case concerning the Arrest Warrant of 11 April 2000, ICJ Reports [2002] 3, 30, 84, 96, 121, 257

Case concerning the Delimitation of the Territorial Waters between the Island of Castellorizo and the Coasts of Anatolia, PCIJ Series A/B No. 51 (1933), 357

Case concerning the Factory at Chorzów (Claim for Indemnity) (Interim Measure of Protection), PCIJ Series A No. 12 (1927), 21, 236

Case concerning the Factory at Chorzów (Claim for Indemnity) (Jurisdiction), PCIJ Series A No. 9 (1927), 21, 87, 219, 221, 224, 225, 226, 228, 229, 271

Case concerning the Factory at Chorzów (Claim for Indemnity) (Merits), PCIJ Series A. No 17 (1928), 21, 87, 217, 219, 221, 228, 278, 331

Case concerning the Legal Status of the South-Eastern Territory of Greenland, PCIJ Series A/B No. 48 (1932), 11, 346, 382

Case concerning the Northern Cameroons (Preliminary Objections), ICJ Reports [1963] 15, 172

Case concerning the Payment in Gold of Brazilian Federal Loans contracted in France, PCIJ Series A. No 21 (1929), 258, 276, 277, 280, 282

Case concerning the Payment of Various Serbian Loans issued in France, PCIJ Series A No. 20 (1929), 92, 276, 277, 279–84, 297

Case concerning the Polish Agrarian Reform and the German Minority, PCIJ Series A/B No. 60 (1933), 357

Case concerning the Temple of Preah Vihear (Merits), ICJ Reports [1962] 6, 83

Case of Certain Norwegian Loans, ICJ Reports [1957] 9, 103, 156

Case of the Free Zones of Upper Savoy and the District of Gex (First Phase), PCIJ Series A No. 22 (1929), 20, 88, 276, 284–92, 297, 298, 318, 401

Case of the Free Zones of Upper Savoy and the District of Gex (Second Phase), PCIJ Series A No. 24 (1930), 76, 114, 172, 284–92, 297, 298, 318, 361, 401

Case of the Free Zones of Upper Savoy and the District of Gex (Third Phase), PCIJ Series A/B No. 46 (1932), 76, 114, 224, 258, 284–92, 297, 298, 318, 346, 366, 401

Case of the Mavrommatis Palestine Concessions (Jurisdiction), PCJI Series A No.2 (1924), 20, 21, 85, 175, 184, 187, 190, 191–206, 209, 215, 218, 225, 233, 359, 377, 382, 384, 399

Case of the Monetary Gold removed from Rome in 1943, ICJ Reports [1954] 19, 88

Case of the Readaptation of the Mavrommatis Jerusalem Concessions (Jurisdiction), PCIJ Series A No. 11 (1927), 224–5

Case of the SS Lotus, PCIJ Series A. No. 10 (1927), 21, 30, 31, 32, 83, 97, 133, 180, 242, 247–63, 266, 267, 291, 293, 297, 298, 344, 346, 347, 388, 399, 402

Case of the SS Wimbledon, PCIJ Series A No. 1 (1923), 73, 175–86, 188, 189, 208, 209, 241, 243, 244, 291, 292, 303, 304, 328, 361

Case relating to Certain Aspects of the Laws on the Use of Languages in Education in Belgium (Merits), ECHR Series A No. 6 (1968), 110

Case relating to Certain Aspects of the Laws on the Use of Languages in Education in Belgium (Preliminary Objections), ECHR Series A No. 5 (1966), 197

Case relating to the Territorial Jurisdiction of the International Commission of the River Oder, PCIJ Series A No. 23 (1929), 254, 258, 265–6, 267–70, 276, 297, 373, 374, 399, 401

Certain Expenses of the United Nations (Article 17, Paragraph 2, of the Charter), ICJ Reports [1962] 151, 158, 171, 172

Ceskoslovenska Obchodni Banka, AS v. Slovakia (Jurisdiction), 5 ICSID Reports 335 (1999), 115

Cession of Vessels and Tugs for Navigation on the Danube, 1 RIAA 97 (1921), 180

Chorzow Factory, see Case concerning the Factory at Chorzów (Claim for Indemnity); Interpretation of Judgments Nos. 7 & 8 (the Chorzów Factory)

Collino and Chiappero v. Telecom Italia SpA, Case C-343-/98, [2000] ECR 1–6659, 272

Colombian-Peruvian Asylum Case, ICJ Reports [1950] 266, 84, 94, 137

Communities, see Interpretation of the Convention between Greece and Bulgaria respecting Reciprocal Emigration

Compania de Aguas del Aconquija, SA and Vivendi Universal (Compagnie Générale des Eaux) v. Argentina (Annulment), 6 ICSID Reports 340 (2002), 27

Competence of the Assembly regarding Admission to the United Nations, ICJ Reports [1950] 4, 137

Competence of the International Labour Organisation, see International Labour Organisation and the Conditions of Agricultural Labour

Competence of the International Labour Organisation to Regulate, Incidentally, the Personal Work of the Employer, PCIJ Series B No. 13 (1926), 242, 244–5, 246, 296

Consistency of certain Danzig Legislative Decrees with the Constitution of the Free City, PCIJ Series A/B No. 65 (1935), 165, 167, 332, 350, 357, 360

Constitution of the Maritime Safety Committee of the Inter-Governmental Maritime Consultative Organisation, ICJ Reports [1960] 150, 172

Continental Shelf (Libya v. Malta) ICJ Reports [1985] 13, 21, 56

Continental Shelf (Libya v. Malta) (Intervention), ICJ Reports [1984] 3, 21, 88

Continental Shelf (Tunisia v. Libya), ICJ Reports [1982] 18, 21, 375

Corfu Channel Case (Merits), ICJ Reports [1949] 4, 81, 83, 87, 137, 245

Corfu Channel Case (Preliminary Objections), ICJ Reports [1947–8] 15, 228

Costa v. ENEL, Case 6/64, [1964] ECR 585, 52

Customs Regime between Germany and Austria (Protocol of March 19th, 1931), PCIJ Series A/B No. 41 (1931), 18, 19, 32, 167, 197, 244, 290, 314, 315, 316–24, 330, 357, 361, 386, 400, 401

Danube, see Jurisdiction of the European Commission of the Danube between Galataz and Braila

Danzig and the International Labour Organisation, see Free City of Danzig and International Labour Organisation

Delimitation of the Maritime Boundary in the Gulf of Maine Area, ICJ Reports [1984] 246, 48, 55, 56

Distomo Massacre Case, (2003) 42 ILM 1030 (2003), 86

Diversion of Water from the Meuse, PCIJ Series A/B No. 70 (1937), 373–5, 399

Draft Agreement relating to the Creation of the European Economic Area, Opinion 1/91, [1991] ECR I-6079, 52

Dubai-Sharjah Border Arbitration, 91 ILR 543 (1981), 4

East Timor, ICJ Reports [1995] 90

Eastern Carelia, see Status of Eastern Carelia

Eastern Extension, Australian & China Telegraph Co. Limited v. United States, 6 RIAA 112 (1923), 90

Eastern Greenland, see Legal Status of Eastern Greenland

Effect of Awards of Compensation made by the United Nations Administrative Tribunal, ICJ Reports [1954] 47, 137

El Corte Inglés SA v. Blásquez Rivero, Case C-192/94, [1996] ECR I-1281, 272

Electricity Company of Sofia and Bulgaria (Attendance), PCIJ Series A/B No. 80 (1940), 384

Electricity Company of Sofia and Bulgaria (Interim Measures of Protection), PCIJ Series A/B No. 79 (1939), 20, 384

Electricity Company of Sofia and Bulgaria (Preliminary Objections) PCIJ Series A/B N0. 77 (1939), 11, 292, 329, 358, 359, 379, 380–2, 383, 384

Electronica Sicula SpA, ICJ Reports [1989] 15, 70

Employment of Women, see Interpretation of the Convention of 1919 concerning Employment of Women during the Night

European Communities: Measures concerning Meat and Meat Products (Hormones), [1998] DSR 135, 111

Exchange of Greek and Turkish Populations, PCIJ Series B No. 10 (1925), 71, 188, 211, 233, 242–4, 246, 374

Faccini Dori v. Recreb, Case C-91/92, [1994] ECR I-3325, 272

Fisheries, ICJ Reports [1951] 116, 21, 137

Fisheries Jurisdiction (Spain v. Canada), ICJ Reports [1998] 432, 103, 104, 204

Fisheries Jurisdiction (United Kingdom v. Iceland), ICJ Reports [1974] 3, 84, 253, 375

Free City of Danzig and International Labour Organisation, PCIJ Series B No. 18 (1930), 94, 167, 237, 264, 273, 312, 333, 361

Free Zones, see Case of the Free Zones of Upper Savoy and the District of Gex

Frontier Dispute (Burkina Faso v. Mali), ICJ Reports [1986] 554, 73, 83

Gabcikovo-Nagymaros Project, ICJ Reports [1997] 7, 72, 87, 375

German Settlers, see Questions relating to Settlers of German Origin in Poland

Goetz and Others v. Burundi, 6 ICSID Reports 5 (1998), 181

Greco-Turkish Agreement, see Interpretation of the Greco-Turkish Agreement of December 1st, 1926 (Final Protocol, Article IV)

Gulf of Fonseca (El Salvador v. Nicaragua), 11 American Journal of International Law 674 (1917), 84

Handyside v. United Kingdom, ECHR Series A No. 24 (1976), 110

Hartford Fire Insurance Co. and Others v. California and Others, 100 ILR 566 (1993), 92

Haya de la Torre Case, ICJ Reports [1951] 71, 61

Hilton v. Guyot, 159 US 113 (1895), 58

Interhandel Case ICJ Reports [1959] 6, 156

International Labour Organisation and the Conditions of Agricultural Labour, PCIJ Series B No. 2 (1922), 148, 182, 198, 233, 246, 296

International Labour Organisation and the Methods of Agricultural Production, PCIJ Series B No. 3 (1922), 148, 245, 296

International Status of South-West Africa, ICJ Reports [1950] 128, 137

Interpretation of Judgment No. 3 (Interpretation of Paragraph 4 of the Annex following Article 179 of the Treaty of Neuilly), PCIJ Series A No. 4 (1925), 222, 226, 227

Interpretation of Judgments Nos. 7 and 8 (the Chorzów Factory), PCIJ Series A. No. 13 (1927), 21, 194, 222, 249, 278, 399

Interpretation of Paragraph 4 of the Annex following Article 179 of the Treaty of Neuilly, PCIJ Series A. No. 3 (1924), 222, 226, 227

Interpretation of Peace Treaties, ICJ Reports [1950] 65, 88, 171, 231

Interpretation of Peace Treaties (Second Phase), ICJ Reports [1950] 221, 386

Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt, ICJ Reports [1980] 73, 118

Interpretation of the Convention between Greece and Bulgaria respecting Reciprocal Emigration, signed at Neuilly-sur-Seine on November 27th, 1919 (Question of the ‘Communities’), PCIJ Series B No. 17 (1930), 274

Interpretation of the Convention of 1919 concerning Employment of Women during the Night, PCIJ Series A/B No. 50 (1932), 324–30

Interpretation of the Greco-Bulgarian Agreement of December 9th, 1927 (Caphandaris-Molloff Agreement), PCIJ Series A/B No. 45 (1932), 278, 331

Interpretation of the Greco-Turkish Agreement of December 1st, 1926 (Final Protocol, Article IV), PCIJ Series B No. 16 (1928), 4, 274, 278

Interpretation of the Statute of the Memel Territory (Jurisdiction), PCIJ Series A/B No. 47 (1932), 228, 278, 323, 332, 339–44, 348, 389, 400

Interpretation of the Statute of the Memel Territory (Merits), PCIJ Series A/B No. 49 (1932), 61, 278, 329, 332, 339–44, 345, 348, 349, 353, 382, 389, 400

Ireland v. United Kingdom, ECHR Series A No. 25 (1978), 51

Island of Palmas Case, 2 RIAA 829 (1928), 83, 87, 255, 296, 347

Jaworzina, see Question of Jaworzina (Polish-Czechoslovakian Frontier)

Judgments of the Administrative Tribunal of the International Labour Organisation upon Complaints made against the United Nations Educational, Scientific and Cultural Organisation, ICJ Reports [1956] 77, 172, 197

Jurisdiction of the Courts of Danzig (Pecuniary Claims of Danzig Railway Officials who have passed into the Polish Service, against the Polish Railways Administration), PCIJ Series B No. 15 (1928), 270–3, 297, 401, 402

Jurisdiction of the European Commission of the Danube between Galatz and Braila, PCIJ Series B No. 14 (1927), 61, 94, 164, 181, 261, 264–7, 291, 297, 344, 361, 401

LaGrand Case, ICJ Reports [2001] 466, 112, 172, 273

Land and Maritime Boundary between Cameroon and Nigeria (Preliminary Objections), ICJ Reports [1998] 275, 76

Land, Island and Maritime Frontier Dispute (El Salvador v. Honduras), ICJ Reports [1992] 351, 83, 269

Land, Island and Maritime Frontier Dispute (El Salvador v. Honduras) (Intervention), ICJ Reports [1990] 3, 172

Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), ICJ Reports [1971] 16, 79, 104, 113, 114, 122, 171, 231, 351

Legal Status of Eastern Greenland, PCIJ Series A/B No. 53 (1933), 83, 344–7, 348, 388

Legal Status of the South-Eastern Territory of Greenland, PCIJ Series A/B No. 55 (1933), 357

Legality of the Threat or Use of Nuclear Weapons, ICJ Reports [1996] 226, 30, 56, 61, 86, 87, 91, 97, 122, 130, 171, 172, 253

Legality of the Use by a State of Nuclear Weapons in Armed Conflict, ICJ Reports [1996] 66, 245

Legality of Use of Force (Yugoslovia v. United States), ICJ Reports [1999] 916, 88

Legislative Decrees, see Consistency of certain Danzig Legislative Decrees with the Constitution of the Free City

Les Verts v. Parliament, Case 294/83, [1986] ECR 1339, 52

Lighthouses Case between France and Greece, PCIJ Series A/B No. 62 (1934), 329, 350, 352, 357, 358, 361, 386, 388

Lighthouses in Crete and Samos. PCIJ Series A/B No. 71 (1937), 352, 372–3, 388

Loizidou v. Turkey (Preliminary Objections), ECHR Series A No. 310 (1995), 52

Losinger & Co. Case (Preliminary Objections), PCIJ Series A/B No. 67 (1936), 359, 360

Lotus, see Case of the SS Lotus

Maffezini v. Spain (Jurisdiction), 5 ICSID Reports 396 (2000), 93

Mag Instrument Inc. v. California Trade Company, Case F-2/97, [1997] EFTA Court Report 127, 52

Mamatkulov and Abdurasulovic v. Turkey, Appl. 46827/99 and 46951/99 (6 February 2003), 51

Mannington Mills v. Congoleum Corp., 595 F 2d 1287 (1979), 92

Marbury v. Madison, 5 US (1 Cranch) 137 (1803), 161

Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Jurisdiction and Admissibility), ICJ Reports [1994] 112, 94

Maritime Delimitation in the Area between Greenland and Jan Mayen, ICJ Reports [1993] 38, 375

Marshall v. Southampton and South-West Hampshire Area Health Authority, Case 152/84, [1986] ECR 723, 272

Matthews v. United Kingdom, ECHR Reports 1999–1, 51

Mavrommatis. see also Case of the Mavrommatis Palestine Concessions; Case of the Readaptation of the Mavrommatis Jerusalem Concessions

Mavrommatis Jerusalem Concessions (Merits), PCIJ Series A No. 5 (1925), 175, 214–15, 225, 233, 278, 346, 352, 366

Memel Territory, see Interpretation of the Statute of the Memel Territory

Meuse, see Diversion of Water from the Meuse

Military and Paramilitary Activities in and against Nicaragua (Jurisdiction and Admissibility), ICJ Reports [1984] 392, 12, 73, 103, 200, 384

Military and Paramilitary Activities in and against Nicaragua (Merits), ICJ Reports [1986] 14, 56, 73, 80, 81, 84, 88, 91, 97, 384

Military and Paramilitary Activities in and against Nicaragua (Provisional Measures) ICJ Reports [1984] 169, 375

Minority Schools, see Access to German Minority Schools in Polish Upper Silesia; Rights of Minorities in Upper Silesia (Minority Schools)

Minority Schools in Albania, PCIJ Series A/B No. 64 (1935), 329, 351, 357, 364, 367–8, 389

Minquiers and Ecrehos Case, ICJ Reports [1953] 47, 83, 137

Monastery of Saint-Naoum, see Question of the Monastery of Saint-Naoum

Mosul, see Article 3, Paragraph 2 of the Treaty of Lausanne (Frontier between Turkey and Iraq)

Nationality Decrees in Tunis and Morocco, PCIJ Series B No. 4 (1923), 80, 149–60, 164, 166, 173, 174, 178, 182, 197, 201, 206, 208, 209, 260, 294, 379

Neuilly Treaty, see Interpretation of Judgment No. 3 (Interpretation of Paragraph 4 of the Annex following Article 179 of the Treaty of Neuilly); Interpretation of Paragraph 4 of the Annex following Article 179 of the Treaty of Neuilly

New Jersey v. Delaware, 291 US 361 (1933), 59

Nomination of the Workers’ Delegate to the International Labour Conference, PCIJ Series B No. 1 (1922), 148, 181, 296, 366, 386

North American Dredging Company, 4 RIAA 26 (1926), 273

North Atlantic Coast Fisheries Case, 11 RIAA 167 (1910), 74, 252

North Sea Continental Shelf, ICJ Reports [1969] 3, 55, 63, 84, 88, 89, 122, 189, 260, 263, 375

Nottebohm Case (Second Phase), ICJ Reports [1955] 4, 85

Nuclear Tests (Australia v. France), ICJ Reports [1974] 253, 73, 103, 111

Nuclear Tests (New Zealand v. France), ICJ Reports [1974] 458, 73, 103, 111

Oder, see Case relating to the Territorial Jurisdiction of the International Commisson of the River Oder

Oil Platforms (Preliminary Objections), ICJ Reports [1996] 803, 197, 201

Oscar Chinn Case, PCIJ Series A/B No. 63 (1934), 266, 329, 361, 362, 364–7, 368, 373, 386, 389, 400

Pajzs, Csáky, Esterházy Case (Merits), PCIJ Series A/B No. 68 (1936), 329, 370

Pajzs, Csáky, Esterházy Case (Preliminary Objections), PCIJ Series A/B No. 66 (1936), 359

Panevezys-Saldutiskis Railway Case, PCIJ Series A/B No. 76 (1939), 85, 371, 379, 380, 381, 384, 386, 389

Panevezys-Saldutiskis Railway Case (Preliminary Objections), PCIJ Series A/B No. 75 (1938), 359, 384, 389

Paquete Habana, 175 US 677 (1900), 58

Peter Pázmány University, see Appeal from a Judgment of the Hungaro-Czechoslovak Mixed Artbitral Tribunal (The Peter Pázmány University v. the State of Czechoslovakia)

Phosphates in Morocco Case (Preliminary Objections), PCIJ Series A/B No. 74 (1938), 376–80, 381, 383, 385, 400

Pinson v. Mexico, 5 RIAA 329 (1928), 100

Pious Funds Case, 9 RIAA 11 (1902), 130

Polish Postal Service in Danzig, PCIJ Series B No. 11 (1925), 130, 222, 333

Prince von Pless, see Case concerning the Administration of the Prince von Pless

Prosecutor v. Furundzija, 38 ILM 317 (1998), 125

Prosecutor v. Tadic (Jurisdiction), 105 ILR 453 (1995), 86

Publico Ministero v. Ratti, Case 148/78, [1979] ECR 1629, 272

Question of Jaworzina (Polish-Czechoslovakian Frontier), PCIJ Series B No. 8 (1923), 103, 187, 189, 190, 205, 206, 208, 222, 233, 235, 266, 285, 399

Question of the Monastery of Saint-Naoum (Albanian Frontier), PCIJ Series B No. 9 (1924), 189, 191, 208, 399

Questions concerning the Acquisition of Polish Nationality, PCIJ Series B No. 7 (1923), 186, 187, 188, 271, 368

Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Preliminary Objections) (Libya v. United Kingdom), ICJ Reports [1998] 9, 200–1, 384

Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Preliminary Objections) (Libya v. United States), ICJ Reports [1998] 115, 200–1, 384

Questions relating to Settlers of German Origin in Poland, PCIJ Series B No. 6 (1923), 161, 186, 187, 206, 217, 273, 336, 368, 399

Racke v. Hauptzollamt Mainz, Case C-162/96, [1998] ECR I-3698, 73

Railway Traffic between Lithuania and Poland (Railway Sector Landwarów-Kaisiadorys), PCIJ Series A/B No. 42 (1931), 324, 331

Ravintoloisijain Liiton Kustannus Oy Restamark, Case E-1/94, [1994–5] EFTA Court Report 15, 52

Reparation for Injuries Suffered in the Service of the United Nations, ICJ Reports [1949] 174, 21, 22, 61, 93, 118, 122, 245

Reservations to the Convention on the Prevention and Punishment of Genocide, ICJ Reports [1951] 15, 103, 137, 171

Restrictions to the Death Penalty, Advisory Opinion OC-3/83, 70 ILR 449 (1983), 51

Rights of Minorities in Upper Silesia (Minority Schools), PCIJ Series A No. 15 (1928), 161, 190, 227, 250, 273, 274, 278, 303, 338

Rio Grande Irrigation and Land Company Limited v. United States, 6 RIAA 131 (1923), 161

River Oder, see Case relating to the Territorial Jurisdiction of the International Commisson of the River Oder

Rodriguez Case (Compensation), 95 ILR 306 (1989), 86

Rodriguez Case (Preliminary Objections), 95 ILR 237 (1987), 292

Sandline International v. Papua New Guinea, 117 ILR 554 (1998), 79

Serbian Loans, see Case concerning the Payment of Various Serbian Loans issued in France

SGS Société générale de surveillance v. Pakistan (Jurisdiction), [2003] 18 ICSID Review-Foreign Investment Law Journal 307 (2003), 111

‘Société commerciale de Belgique,’ PCIJ Series A/B No. 78 (1939), 228, 372, 380

Société ouest africaine des bétons industriels v. Sénégal (Merits), 2 ICSID Reports 190 (1988), 254

South West Africa – Voting Procedure, ICJ Reports [1955] 67, 240, 242

South West Africa Cases (Preliminary Objections), ICJ Reports [1962] 319, 125

South West Africa (Second Phase), ICJ Reports [1966] 6, 19, 79, 322

Southern Pacific Properties (Middle East) Limited v. Egypt (Jurisdiction No. 2), 3 ICSID Reports 131 (1988), 104, 221

Status of Eastern Carelia, PCIJ Series B No. 5 (1923), 18, 20, 88, 94, 149, 160–75, 186, 191, 203, 206, 208, 230, 231, 232, 246, 256, 260, 262, 290, 297, 399

Steiner and Gross v. Poland, 4 Annual Digest 291 (1928), 273

Sunday Times v. United Kingdom (No. 1), ECHR Series A No. 30 (1979), 110

Sveinbjörndóttir v. Iceland, Case E-9/97, [1998] EFTA Court Report 95, 52

Territorial Dispute (Libya v. Chad), ICJ Reports [1994] 6, 83, 238

Texaco Overseas Petroleum Company and California Asiatic Oil Company v. Libya, 53 ILR 420 (1977), 79

Thirty Hosheads of Sugar v. Boyle, 13 US (9 Cranch) 191 (1815), 58

Timberlane Timber Company et al. v. Bank of America et al., 66 ILR 270 (1976), 92

Trail Smelter Case, 3 RIAA 1938 (1941), 87

Treatment of Polish Nationals and Other Persons of Polish Origin or Speech in the Danzig Territory, PCIJ Series A/B No. 44 (1932), 332, 334, 335, 339, 343, 345, 348, 351, 353, 364, 368, 389, 399, 400

United States Diplomatic and Consular Staff in Tehran, ICJ Reports [1980] 3, 79, 84, 122

United States Diplomatic and Consular Staff in Tehran (Provisional Measures), ICJ Reports [1979] 7, 80, 84

Upper Silesia, see Case concerning certain German Interests in Polish Upper Silesia

Van Gend en Loos v. Nederlandse administratie der belastingen, Case 26/62, [1963] ECR 1, 52, 80

Les Verts v. Parliament, Case 294/83, [1986] ECR 1339, 52

War Vessels, see Access to, or Anchorage in, the Port of Danzig of Polish War Vessels

Wemhoff v. Germany, ECHR Series A No. 7 (1968), 110

Western Sahara, ICJ Reports [1975] 12, 80, 171, 345

Wimbledon, see Case of the SS Wimbledon