International Law Outline


Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising From the Aerial Incident at Lockerbie (Libya v. United States) –



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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)

  1. Provisional measures request

    1. ICJ could have said – SC is supreme, we surrender.

      1. Instead – clarifies that not ruling on facts/law

      2. Article 103 – UN obligations prevail over any other int’l agreement, including Montreal Convention

        1. Not appropriate for provisional measures.

  2. WEERAMANTRY Dissent – ICJ has separate role in determining legality under Charter.

    1. We’re a court, we play a different role.

    2. Concludes SC must act consistently with UN charter, and consistently wwith int’l law

      1. BUT, determination of breach of peace under article 39 is entirely at their discretion.

    3. 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.

  • SC Res. 883 (1993) – tightened sanctions.

  • Libya responded – might accept trial before Scottish court

  • OAU Resolution – 1994 (971-972) – calls for reconsideration of SC resolutions 731, 748 and 883

  • 1998 – ICJ renders judgment on jurisdiction

    1. Dispute under Montreal Convention before Court

      1. Discontinued proceedings – settled.

  • ICJ defendants tried.

  • ICJ Judicial Review

    1. Certain Expenses of the United Nations – 1962 advisory opinion – member states required to pay $ incurred in peacekeeping operations

    2. Legal Consequences for States of the Continued Presence of S.Africa in Namibia – 1971 advisory opinion – upholding GA resolution finding SA’s presence in Namibia illegal


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