Tutorial 3

Question 1

Standing

Answer 1

Articles 42 & 48 ARSIWA
➞ these articles are about the right to invoke the responsibility of another state (basically standing)
- 42 = injured states
- 48 = non-injured states

Question 2

Existence of a dispute

Answer 2

= a disagreement in law or in fact, a conflict of legal views or of interest between two persons - Marommatis PCIJ 1924
Marshall case ➞ added extra criteria (awareness)
➞ article 36 ICJ: ICJ has jurisdiction over disputes

Question 3

Consent jurisdictions: state consent

Answer 3

ICJ jurisdiction is dependent on state consent
➞ 3 options:
1. Special agreement = two states or more bring a case to ICJ (only covers a particular case)
2. Optional clause declaration = you accept under art 36
3. Compromissory clause = an article in the treaty which says something about this

Question 4

Monetary gold rule

Answer 4

➞ indispensable third party rule
Something that could cause an issue ➞ if the ICJ has to decide on rights or obligations of a third party who is not present and has not consented to, the case is not admissible

Question 5

State responsibility

Answer 5

➞ if a case can be brought
1. Attribution: arts 4-11 arsiwa
2. Breach
3. No circumstances for wrongfulness