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Case Analysis: Counterclaims Before the International Court of Justice: The Genocide Convention and Oil Platforms Decisions

Published online by Cambridge University Press:  03 March 2004

Hugh Thirlway
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Abstract

The provisions of the ICJ Rules of Court concerning counter-claims have fallen to be applied in two recent cases, in circumstances such the Court has had to examine the nature of a counter-claim and the conditions for its admission as such, and in particular the nature of the ‘direct connection’ with the subject-matter of the application, required by the Rules. In each case the counter-claim was admitted, over the dissent of some judges: these decisions are probably justified, even though some aspects of the reasoning may be criticised.

Keywords

counter-claimsInternational Court of JusticePermanent Court of Justiceprocedure
Type
HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice
Information
Leiden Journal of International Law , Volume 12 , Issue 1 , March 1999 , pp. 197 - 229
Copyright
© 1999 Kluwer Law International

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