law

Question 21

There is no compulsory jurisdiction (per se) in public international law. As you know, States' consent is required in the International Court of Justice (ICJ). There are four recognized ways by which States can confer jurisdiction to the ICJ, one of which is listed below. What are the three remaining ways in which jurisdiction of the ICJ can be conferred? a) Estoppel (forum prorogatum) that operates when one State refers the case to the ICJ and the opposing State, instead of contesting the ICJ’s jurisdiction, acts in such a way that can be considered a submission to the court's jurisdiction, e.g., appearing and arguing the case on its merits.

b) Provide your answer c) Provide your answer

d) Provide your answer

Question 22

In the case concerning military and paramilitary activities in and against Nicaragua (Nicaragua vs United States) (pp 272-290), the United States asked the ICJ to declare, inadmissible, Nicaragua’s application (complaint) against the United States on five separate grounds. Please answer the following questions in no more than one paragraph:

Which are the five separate grounds?

Which, among these grounds, is the most persuasive in your opinion, and why?

Which, among these grounds, is the least persuasive in your opinion, and why?

Question 23

An international court will likely dismiss a request for intervention when:

a) The request of intervention shows that the requester state has no legal interest that may be affected by the decision of the case.

b) The request of intervention shows that the requester state… (complete)

c) The request of intervention shows that the requester state… (complete)

d) The request of intervention shows that the requester state…(complete)

Question 24

Assume that you support the ICJ in its decision of not holding a hearing on the declaration of intervention of the Republic of El Salvador in the US v Nicaragua case:

What arguments would you use to refute issues I, II, and III raised by judge Schwebel (pp 336-40) in his dissenting opinion?

Issue I (no more than one paragraph)

Issue II (no more than one paragraph)

Issue III (no more than one paragraph)