Important Cases

Question 1

Corfu Channel case - GB v Albania

Answer 1

A held liable for failing to warn international shipping of dangers (mines) in water. Charge = elemental considerations of humanity (a GPofL) instead of treaty, customs.

Question 2

North Sea Continental Case

Answer 2

Need widespread state practice PLUS opinio juris for customary law.

Question 3

Norwegian Loans Case - F v N

Answer 3

F and N both accept jurisdiction of ICJ in declarations. F had statement in optional clause saying that ICJ jurisdiction does not apply where F feels it is a matter of national jurisdiction. N had no such reservation, yet felt matter in Q was a matter for domestic N courts to deal with, and as F gave the declaration narrower limits, the principle of reciprocity meant that N could reject ICJ jurisdiction.

Question 4

US Diplomatic and Consular Staff in Tehran Case (USA v Iran) 1980

Answer 4

I’s failure to take action - the actions of the rebels became actions of the state as the state authorities did nothing (omission) and even encouraged the rebels after the hostage had begun.