Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising From the Aerial Incident at Lockerbie (Libya v. United States) – 1992 (968-69) Provisional measures request
ICJ could have said – SC is supreme, we surrender.
Instead – clarifies that not ruling on facts/law
Article 103 – UN obligations prevail over any other int’l agreement, including Montreal Convention
Not appropriate for provisional measures.
WEERAMANTRY Dissent – ICJ has separate role in determining legality under Charter.
We’re a court, we play a different role.
Concludes SC must act consistently with UN charter, and consistently wwith int’l law
BUT, determination of breach of peace under article 39 is entirely at their discretion.
Agrees re: Article 103, but disagrees re: provisional measures – Court COULD have come up with order directing parties not to aggravate dispute, without running counter to Resolution 748.