Administrative Law

Counterclaims before the International Court of Justice by Constantine Antonopoulos

By Constantine Antonopoulos

Counterclaims, the precise of a kingdom sued by way of one other nation to carry its personal counter-suit during the related trial, may well provide a chance to mitigate the consequences of the unique swimsuit and aid to solve disputes among States that experience a couple of element. lately, counterclaims were often offered on the overseas court docket of Justice (ICJ).

This booklet examines the counterclaims awarded on the ICJ and at its predecessor, the everlasting court docket of overseas Justice (PCIJ), in the course of its sixty five years of lifestyles. it's the first research that focuses completely with regards to counterclaims. It analyses the evolution of the germane provisions within the PCIJ and ICJ principles of method and the perform of the court docket, specially in mild of the correct case-law of the ICJ.

This ebook is an invaluable resource of knowledge for lecturers and practitioners in overseas legislations and offers an excellent foundation for additional research.

Dr. Constantine Antonopoulos is an Assistant Professor of overseas legislation within the Democritus collage of Thrace, Greece.

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Example text

Therefore, the making of counterclaims is the only route of raising claims by either party to the Claims Settlement Declaration, especially Iran, against nationals of the other party; the only alternative to this course of action would be the bringing of claims before the domestic courts of either Iran or the USA. In the A/2 case the Tribunal dealt with a request by Iran on whether the General Declaration made by Algeria and the Claims Settlement Declaration had established its jurisdiction over claims by Iran against nationals of the USA.

It was not specially contracted for in the investment agreement and does not arise directly out of the investment. For these reasons the Tribunal finds the claim of tax fraud beyond its competence ratione materiae …113 In the same case the tribunal drew upon the distinction between a defence and a counter-claim with respect to Indonesia’s claim of tax fraud against Amco. This argument was raised during the first proceedings of 1984, and the issue before the second proceedings of 1988 was whether Indonesia’s claim had already been decided by the fist tribunal or was a new claim.

For instance, the respective Statutes of the PCIJ, the ICJ and the International Tribunal for the Law of the Sea (‘‘ITLOS’’) do not expressly refer to counterclaims. Yet, these institutions determined that they could entertain counterclaims and adopted rules governing them. Similarly, the treaties 79 The Islamic Republic of Iran v. The United States of America, Case No. B 1(Counterclaim), Interlocutory Award, 9 September 2004, Award No. ITL 83-B1-FT, 2004 WL 2210709. , 2, para 2. , 5, para 15. , 20–25, paras 106–135.

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