Preliminary objections
OVERVIEW OF THE CASE
This case arose out of the incident which was the subject of the proceedings in the case concerning the Aerial Incident of 27 July 1955 (Israel v. Bulgaria). The aircraft destroyed by Bulgarian anti-aircraft defence forces was carrying several United States nationals, who all lost their lives. Their Government asked the Court to find Bulgaria liable for the losses thereby caused and to award damages. Bulgaria filed preliminary objections to the Court’s jurisdiction, but, before hearings were due to open, the United States informed the Court of its decision, after further consideration, not to proceed with its application. Accordingly, the case was removed from the List by an Order of 30 May 1960.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
3 September 1959
Procedure(s):Preliminary objections
Available in:
3 April 2017
Procedure(s):Preliminary objections
Available in:
Orders
Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
Extension of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
Removal from the list
Procedure(s):Preliminary objections,Discontinuance
Available in:
Press releases
29 October 1957
The United States Government files an Application instituting proceedings against the People's Republic of Bulgaria
Available in:
20 May 1958
Aerial incident of 27 July 1955 (United States of America v. Bulgaria) - Extension of the time-limits for the filing of the pleadings
Available in:
11 September 1959
Aerial Incident of 27 July 1955 (United States of America v. Bulgaria) - The Government of Bulgaria files in the Registry Preliminary Objections to the Court's jurisdiction
Available in:
21 March 1960
Aerial Incident of 27 July 1955 (United States of America v. Bulgaria) - The hearings of the Objections will begin on June 1st, 1960
Available in:
19 May 1960
Aerial Incident of 27 July 1955 (United States of America v. Bulgaria) - The Agent of the Government of the United States advises the Court that his Government desires to discontinue the proceedings
Available in:
Correspondence
OVERVIEW OF THE CASE
This case arose out of the destruction by Bulgarian anti-aircraft defence forces of an aircraft belonging to an Israeli airline. Israel instituted proceedings before the Court by means of an Application in October 1957. Bulgaria having challenged the Court’s jurisdiction to deal with the claim, Israel contended that, since Bulgaria had in 1921 accepted the compulsory jurisdiction of the Permanent Court of International Justice for an unlimited period, that acceptance became applicable, when Bulgaria was admitted to the United Nations in 1955, to the jurisdiction of the International Court of Justice by virtue of Article 36, paragraph 5, of the present Court’s Statute, which provides that declarations made under the Statute of the PCIJ and which are still in force shall be deemed, as between the parties to the present Court’s Statute, to be acceptances applicable to the International Court of Justice for the period which they still have to run and in accordance with their terms. In its Judgment on the preliminary objections, delivered on 26 May 1959, the Court found that it was without jurisdiction on the ground that Article 36, paragraph 5, was intended to preserve only declarations in force as between States signatories of the United Nations Charter, and not subsequently to revive undertakings which had lapsed on the dissolution of the PCIJ.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
4 December 1958
Procedure(s):Preliminary objections
Available in:
3 February 1959
Procedure(s):Preliminary objections
Available in:
Oral proceedings
Minutes of the Public Hearings held at the Peace Palace, The Hague, from 16 March to 3 April and 26 May 1959, the President, Mr. Klaestad, presiding
Procedure(s):Preliminary objections
Available in:
Orders
Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
Judgments
Preliminary Objections (including the text of the declaration of Judge Zafrulla Khan)
Procedure(s):Preliminary objections
Available in:
Summaries of Judgments and Orders
Press releases
17 October 1957
The Government of Israel files an Application instituting proceedings against the People's Republic of Bulgaria
Available in:
10 February 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - The hearings will begin on March 16th, 1959
Available in:
9 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Representatives of the Parties at the hearings which will begin on March 16th, 1959
Available in:
16 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearing of March 16th, 1959
Available in:
17 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 17th, 1959
Available in:
18 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 18th, 1959
Available in:
19 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearing of March 19th, 1959
Available in:
23 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 23rd, 1959
Available in:
24 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 24th, 1959
Available in:
25 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 25th, 1959
Available in:
26 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearing of March 26th, 1959
Available in:
1 April 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of April 1st, 1959
Available in:
2 April 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearing of April 2nd, 1959
Available in:
3 April 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of April 3rd, 1959
Available in:
19 May 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - The Court will read its Judgment on the Preliminary Objections on May 26th, 1959
Available in:
26 May 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Judgment (Preliminary Objections)
Available in:
Correspondence
OVERVIEW OF THE CASE
The Portuguese possessions in India included the two enclaves of Dadra and Nagar-Aveli which, in mid-1954, had passed under an autonomous local administration. Portugal claimed that it had a right of passage to those enclaves and between one enclave and the other to the extent necessary for the exercise of its sovereignty and subject to the regulation and control of India ; it also claimed that, in July 1954, contrary to the practice previously followed, India had prevented it from exercising that right and that that situation should be redressed. A first Judgment, delivered on 26 November 1957, related to the jurisdiction of the Court, which had been challenged by India. The Court rejected four of the preliminary objections raised by India and joined the other two to the merits. In a second Judgment, delivered on 12 April 1960, after rejecting the two remaining preliminary objections, the Court gave its decision on the claims of Portugal, which India maintained were unfounded. The Court found that Portugal had in 1954 the right of passage claimed by it but that such right did not extend to armed forces, armed police, arms and ammunition, and that India had not acted contrary to the obligations imposed on it by the existence of that right.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
Procedure(s):Preliminary objections
Available in:
15 June 1956
Procedure(s):Preliminary objections
Available in:
24 February 2017
Procedure(s):Preliminary objections
Available in:
27 February 2017
Procedure(s):Preliminary objections
Available in:
27 February 2017
Procedure(s):Preliminary objections
Available in:
Oral proceedings
Minutes of the Public Hearings held at the Peace Palace, The Hague, from 23 September to 2 October and on 26 November 1957, the President, Mr. Hackworth, presiding
Procedure(s):Preliminary objections
Available in:
Minutes of the Public Hearings held at the Peace Palace, The Hague, from 21 September to 6 November 1959 and 12 April 1960, the President, Mr. Klaestad, presiding
Procedure(s):Preliminary objections
Available in:
Orders
Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
Extension of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
Extension of time-limits: Counter-Memorial, Reply and Rejoinder
Available in:
Judgments
Preliminary Objections (including the text of the declarations of Judges ad hoc Kojevnikov and Fernandes)
Procedure(s):Preliminary objections
Available in:
Merits
Procedure(s):Preliminary objections
Available in:
Summaries of Judgments and Orders
Press releases
23 December 1955
The Portuguese Republic files an Application instituting proceedings against the Republic of India
Available in:
15 March 1956
Right of Passage over Indian Territory (Portugal v. India) - The Court fixes the time-limits for the filing of the first two pleadings
Available in:
16 April 1957
Right of Passage over Indian Territory (Portugal v. India) - The Government of India files a Preliminary Objection to the Court's jurisdiction
Available in:
21 August 1957
Right of Passage over Indian Territory (Portugal v. India) - The oral proceedings will open on Monday, September 23rd, 1957
Available in:
20 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Representatives of the Parties at the oral hearings
Available in:
23 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Hearing of September 23rd, 1957
Available in:
24 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Hearings of September 24th, 1957
Available in:
25 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of September 25th, 1957
Available in:
26 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of September 26th, 1957
Available in:
27 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of September 27th, 1957
Available in:
30 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of September 30th, 1957
Available in:
1 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of October 1st, 1957
Available in:
2 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of October 2nd, 1957
Available in:
3 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of October 3rd, 1957
Available in:
5 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sitting of October 5th, 1957
Available in:
7 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of October 7th, 1957
Available in:
8 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sitting of October 8th, 1957
Available in:
10 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Hearing of October 10th, 1957
Available in:
11 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Hearings of October 11th, 1957
Available in:
21 November 1957
Right of Passage over Indian Territory (Portugal v. India) - The Court will deliver its Judgment on November 26th, 1957
Available in:
26 November 1957
Right of Passage over Indian Territory (Portugal v. India) - Judgment
Available in:
20 February 1958
Right of Passage over Indian Territory (Portugal v. India) - Extension of the time-limits for the filing of the pleadings
Available in:
27 February 1959
Right of Passage over Indian Territory - The Court decides that the case will be heard after the judicial summer vacation
Available in:
28 May 1959
Right of Passage over Indian Territory - Beginning of the hearings on Monday, September 21st, 1959
Available in:
17 September 1959
Right of Passage over Indian Territory - Representatives of the Parties for the oral procedure in the second phase of the case, beginning on September 21st, 1959
Available in:
18 September 1959
Right of Passage over Indian Territory - Definite composition of the Parties' delegations
Available in:
21 September 1959
Right of Passage over Indian Territory - Hearing of September 21st 1959
Available in:
26 September 1959
Right of Passage over Indian Territory - Hearings of 21 to 26 September 1959
Available in:
3 October 1959
Right of Passage over Indian Territory - Hearings of 28 September to 3 October 1959
Available in:
7 October 1959
Right of Passage over Indian Territory - Hearings of 5 and 6 October 1959
Available in:
10 October 1959
Right of Passage over Indian Territory - Hearings of 9 and 10 October 1959
Available in:
17 October 1959
Right of Passage over Indian Territory - Hearings of 12 to 17 October 1959
Available in:
21 October 1959
Right of Passage over Indian Territory - Hearings of 19 to 21 October 1959
Available in:
24 October 1959
Right of Passage over Indian Territory - Hearing of 24 October 1959
Available in:
31 October 1959
Right of Passage over Indian Territory - Hearings of 26 to 31 October 1959
Available in:
7 November 1959
Right of Passage over Indian Territory - Hearings of 3 to 6 November 1959
Available in:
8 April 1960
Right of Passage over Indian Territory - The Court will read its Judgment on 12 April 1960
Available in:
Correspondence
OVERVIEW OF THE CASE
In 1942 the Government of the United States vested almost all the shares of the General Aniline and Film Corporation (GAF), a company incorporated in the United States, on the ground that those shares, which were owned by Interhandel, a company registered in Basel, belonged in reality to I.G. Farbenindustrie of Frankfurt, or that GAF was in one way or another controlled by the German company. On 1 October 1957, Switzerland applied to the Court for a declaration that the United States was under an obligation to restore the vested assets to Interhandel or, alternatively, that the dispute on the matter between Switzerland and the United States was one fit for submission for judicial settlement, arbitration or conciliation. Two days later Switzerland filed a Request for the indication of provisional measures to the effect that the Court should call upon the United States not to part with the assets in question so long as proceedings were pending before the Court. On 24 October 1957, the Court made an Order noting that, in the light of the information furnished, there appeared to be no need for provisional measures. The United States raised preliminary objections to the Court’s jurisdiction, and in a Judgment delivered on 21 March 1959 the Court found the Swiss application inadmissible, because Interhandel had not exhausted the remedies available to it in the United States courts.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
3 October 1957
Procedure(s):Provisional measures
Available in:
11 October 1957
Procedure(s):Preliminary objections
Available in:
3 March 1958
Available in:
16 June 1958
Procedure(s):Preliminary objections
Available in:
20 September 1958
Procedure(s):Preliminary objections
Available in:
Oral proceedings
Minutes of the Public Sittings held at the Peace Palace, The Hague, on 12 and 14 October 1957, the Vice-President, Mr. Badawi, acting as President
Procedure(s):Provisional measures
Available in:
Minutes of the Public Sittings held at the Peace Palace, The Hague, from 5 to 17 November 1958, and on 21 March 1959, the President, Mr. Klaestad, presiding
Procedure(s):Preliminary objections
Available in:
Orders
Request for the indication of interim measures of protection (including the text of the declarations of Judges Hackworth, Read, Wellington Koo et Kojevnikov)
Procedure(s):Provisional measures
Available in:
Fixing of time-limit: Written Statement of observations and submissions on preliminary objections
Available in:
Judgments
Preliminary Objections (including the text of the declarations of Judges Basdevant, Kojevnikov, Judge ad hoc Carry, Zafrulla Khan)
Procedure(s):Preliminary objections
Available in:
Summaries of Judgments and Orders
Press releases
3 October 1957
The Swiss Confederation files an Application instituting proceedings against the United States of America
Available in:
4 October 1957
Interhandel (Switzerland v. United States of America) - The Swiss Government files with the Registry a request for the indication of interim measures
Available in:
9 October 1957
Interhandel (Switzerland v. United States of America) - The International Court of Justice fixes Saturday, October 12th, 1957, for the opening of the sittings
Available in:
10 October 1957
Interhandel (Switzerland v. United States of America) - Representatives of the Parties at the hearings which will begin on October 12th, 1957
Available in:
12 October 1957
Interhandel (Switzerland v. United States of America) - Sittings of October 12th, 1957
Available in:
14 October 1957
Interhandel (Switzerland v. United States of America) - Hearing of October 14th, 1957
Available in:
25 October 1957
Interhandel (Switzerland v. United States of America) - The International Court of Justice finds that there is no need to indicate interim measures of protection
Available in:
16 January 1958
Interhandel (Switzerland v. United States of America) - The Swiss Confederation and the United States of America submit a joint application for an extension of the time-limits for the filing of the pleadings
Available in:
28 June 1958
Interhandel (Switzerland v. United States of America) - The Government of the United States files in the Registry Objections to the jurisdiction of the Court to adjudicate upon the Application submitted by the Government of the Swiss Confederation
Available in:
4 November 1958
Interhandel (Switzerland v. United States of America) - Representatives of the Parties at the hearings which will begin on November 5th, 1958
Available in:
5 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 5th, 1958
Available in:
6 November 1958
Interhandel (Switzerland v. United States of America) - Hearing of November 6th, 1958
Available in:
8 November 1958
Interhandel (Switzerland v. United States of America) - Hearing of November 8th, 1958
Available in:
10 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 10th, 1958
Available in:
11 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 11th, 1958
Available in:
12 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 12th, 1958
Available in:
14 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 14th, 1958
Available in:
17 November 1958
Interhandel (Switzerland v. United States of America) - Hearings of November 17th, 1958
Available in:
16 March 1959
Interhandel - The Court will read its Judgment on the Preliminary Objections on Saturday, March 21st, 1959
Available in:
Correspondence
OVERVIEW OF THE CASE
Certain Norwegian loans had been floated in France between 1885 and 1909. The bonds securing them stated the amount of the obligation in gold, or in currency convertible into gold, as well as in various national currencies. From the time when Norway suspended the convertibility of its currency into gold — on several occasions after 1914 — the loans had been serviced in Norwegian kroner. The French Government, espousing the cause of the French bondholders, filed an Application requesting the Court to declare that the debt should be discharged by payment of the gold value of the coupons of the bonds on the date of payment and of the gold value of the redeemed bonds on the date of repayment. The Norwegian Government raised a number of preliminary objections to the jurisdiction of the Court and, in the Judgment it delivered on 6 July 1957, the Court found that it was without jurisdiction to adjudicate on the dispute. Indeed, the Court held that, since its jurisdiction depended upon the two unilateral declarations made by the Parties, jurisdiction was conferred upon the Court only to the extent to which those declarations coincided in conferring it. The Norwegian Government, which had considered the dispute to fall entirely within its national jurisdiction, was therefore entitled, by virtue of the condition of reciprocity, to invoke in its own favour, and under the same conditions, the reservation contained in the French declaration which excluded from the jurisdiction of the Court differences relating to matters which were “essentially within the national jurisdiction as understood by the Government of the French Republic”.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
20 December 1955
Procedure(s):Preliminary objections
Available in:
20 April 1956
Procedure(s):Preliminary objections
Available in:
31 August 1956
Procedure(s):Preliminary objections
Available in:
20 December 1956
Procedure(s):Preliminary objections
Available in:
20 February 1957
Procedure(s):Preliminary objections
Available in:
25 April 1957
Procedure(s):Preliminary objections
Available in:
Oral proceedings
Minutes of the Public Sittings held at the Peace Palace, The Hague, from May 13th to 28th and on July 6th, 1957, the President, Mr. Hackworth, presiding
Procedure(s):Preliminary objections
Available in:
Other documents
11 May 1957
Available in:
Orders
Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
Extension of time-limit: Written Statement of observations and submissions on Preliminary Objections
Available in:
Joinder of Objections to the merits, fixing of time-limits: Counter-Memorial, Reply and Rejoinder
Procedure(s):Preliminary objections
Available in:
Judgments
Procedure(s):Preliminary objections
Available in:
Summaries of Judgments and Orders
Press releases
8 July 1955
The Government of the French Republic files an Application against the Government of the Government of the Kingdom of Norway
Available in:
24 September 1955
Certain Norwegian Loans (France v. Norway) - Time-limits for the filing of the Memorial and the Counter-Memorial
Available in:
31 May 1956
Certain Norwegian Loans (France v. Norway) - The Court decides to postpone the examination of the case at the request of the Norwegian Government
Available in:
28 September 1956
Certain Norwegian Loans (France v. Norway) - The Court joins to the merits the preliminary objections raised by the Government of Norway and fixes the time-limits for the filing of the further pleadings
Available in:
8 May 1957
Certain Norwegian Loans (France v. Norway) - Representatives of the Parties at the oral hearings which will begin on May 13th, 1957
Available in:
13 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 13th, 1957
Available in:
14 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 14th, 1957
Available in:
15 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 15th, 1957
Available in:
17 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 17th, 1957
Available in:
20 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 20th, 1957
Available in:
21 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 21st, 1957
Available in:
22 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 22th, 1957
Available in:
23 May 1957
Certain Norwegian Loans (France v. Norway) - Sitting of May 23rd, 1957
Available in:
24 May 1957
Certain Norwegian Loans (France v. Norway) - Sitting of May 24th, 1957
Available in:
27 May 1957
Certain Norwegian Loans (France v. Norway) - Sitting of May 25th, 1957
Available in:
28 May 1957
Certain Norwegian Loans (France v. Norway) - Sitting of May 28th, 1957
Available in:
3 July 1957
Certain Norwegian Loans (France v. Norway) - The Court will read its Judgment on Saturday, July 6th, 1957
Available in:
6 July 1957
Certain Norwegian Loans (France v. Norway) - Judgment
Available in:
Correspondence
OVERVIEW OF THE CASE
In 1933 an oil concession agreement was concluded between the Government of Iran and the Anglo-Iranian Oil Company. In 1951, laws were passed in Iran for the nationalization of the oil industry. These laws resulted in a dispute between Iran and the company. The United Kingdom took up the company’s case and instituted proceedings before the Court. Iran disputed the Court’s jurisdiction. In its Judgment of 22 July 1952, the Court decided that it had no jurisdiction to deal with the dispute. Its jurisdiction depended on the declarations by Iran and the United Kingdom accepting the Court’s compulsory jurisdiction under Article 36, paragraph 2, of the Court’s Statute. The Court held that the declaration by Iran, which was ratified in 1932, covered only disputes based on treaties concluded by Iran after that date, whereas the claim of the United Kingdom was directly or indirectly based on treaties concluded prior to 1932. The Court also rejected the view that the agreement of 1933 was both a concessionary contract between Iran and the company and an international treaty between Iran and the United Kingdom, since the United Kingdom was not a party to the contract. The position was not altered by the fact that the concessionary contract was negotiated through the good offices of the Council of the League of Nations. By an Order of 5 July 1951, the Court had indicated interim measures of protection, that is, provisional measures for protecting the rights alleged by either party, in proceedings already instituted, until a final judgment was given. In its Judgment, the Court declared that the Order had ceased to be operative.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
22 June 1951
Procedure(s):Provisional measures
Available in:
10 October 1951
Available in:
4 February 1952
Procedure(s):Preliminary objections
Available in:
24 March 1952
Procedure(s):Preliminary objections
Available in:
Oral proceedings
Minutes of the Public Sittings held at the Peace Palace, The Hague, on June 30th and July 5th, 1951, the President, M. Basdevant, presiding
Procedure(s):Provisional measures
Available in:
Minutes of the Public sittings held at the Peace Palace, from June 9th to 23rd and July 22rd, 1952, the Vice-President, Mr Guerrero, acting as President
Procedure(s):Preliminary objections
Available in:
Other documents
Orders
Request for the indication of interim measures of protection
Procedure(s):Provisional measures
Available in:
Fixing of time-limit: Written Statement of observations and submissions on preliminary objection
Available in:
Judgments
Preliminary Objection
Procedure(s):Preliminary objections
Available in:
Summaries of Judgments and Orders
Press releases
28 May 1951
Anglo-Iranian Oil Co. (United Kingdom v. Iran) - Filing, by the United Kingdom, of an Application instituting proceedings against Iran
Available in:
25 June 1951
Anglo-Iranian Oil Co. (United Kingdom v. Iran) - The Court will hold a public hearings on 30 June 1951
Available in:
27 August 1951
Anglo-Iranian Oil Co. (United Kingdom v. Iran) - Order extending the time-limits for the filing of the Memorial of the United Kingdom and the Counter-Memorial of Iran
Available in:
8 December 1951
Anglo Iranian Oil Co. (United Kingdom v. Iran) - Iran appoints H.E. Hossein Navab as Agent (Bilingual version)
Available in:
1 February 1952
Anglo Iranian Oil Co. (United Kingdom v. Iran) - The Government of Iran files a document entitled "Preliminary observations: refusal by the Imperial Government to recognize the jurisdiction of the Court"
Available in:
28 March 1952
Anglo Iranian Oil Co. (United Kingdom v. Iran) - The hearings will begin on Tuesday, May 6th, at 11 o'clock
Available in:
8 April 1952
Anglo Iranian Oil Co. (United Kingdom v. Iran) - The date of the opening of the hearings is postponed
Available in:
21 May 1952
Anglo Iranian Oil Co. (United Kingdom v. Iran) - The opening of oral proceedings has been fixed for Monday, June 9th, 1952
Available in:
6 June 1952
Anglo Iranian Oil Co. (United Kingdom v. Iran) - Delegations of the Parties for the oral hearings
Available in:
19 July 1952
Anglo Iranian Oil Co. (United Kingdom v. Iran) - The Judgment will be read on 22nd July, 1952, at 5 p.m.
Available in:
22 July 1952
Anglo-Iranian Oil Co. (United Kingdom v. Iran) - Judgment
Available in:
Correspondence
OVERVIEW OF THE CASE
In 1919, Nicolas Ambatielos, a Greek shipowner, entered into a contract for the purchase of ships with the Government of the United Kingdom. He claimed he had suffered damage through the failure of that Government to carry out the terms of the contract and as a result of certain judgments given against him by the English courts in circumstances said to involve the violation of international law. The Greek Government took up the case of its national and claimed that the United Kingdom was under a duty to submit the dispute to arbitration in accordance with Treaties between the United Kingdom and Greece of 1886 and 1926. The United Kingdom objected to the Court’s jurisdiction. In a Judgment of 1 July 1952, the Court held that it had jurisdiction to decide whether the United Kingdom was under a duty to submit the dispute to arbitration but, on the other hand, that it had no jurisdiction to deal with the merits of the Ambatielos claim. In a further Judgment of 19 May 1953, the Court decided that the dispute was one which the United Kingdom was under a duty to submit to arbitration in accordance with the Treaties of 1886 and 1926.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
30 August 1951
Available in:
4 February 1952
Available in:
4 February 1952
Procedure(s):Preliminary objections
Available in:
4 April 1952
Procedure(s):Preliminary objections
Available in:
3 January 1953
Available in:
Oral proceedings
Minutes of the Public Sittings held at the Peace Palace, The Hague, on May 15th to 17th, and July 1st 1952, the Vice-President, M. Guerrero, acting President, presiding
Procedure(s):Preliminary objections
Available in:
Minutes of the Public Sittings held at the Peace Palace, The Hague, from March 23th to 30th and on May 19th, 1953, the Vice-President, M. Guerrero, acting as President
Available in:
Other documents
14 May 1952
Available in:
21 May 1952
Available in:
28 March 1953
Available in:
Orders
Fixing of time-limit: Written Statement of observations and submissions on Preliminary objection
Available in:
Judgments
Preliminary Objection (including the text of the declaration of Judge Alvarez)
Procedure(s):Preliminary objections
Available in:
Merits: obligation to arbitrate
Available in:
Summaries of Judgments and Orders
Press releases
13 April 1951
Ambatielos (Greece v. United Kingdom) - Greece files an Application instituting proceedings against the United Kingdom
Available in:
10 April 1952
Ambatielos (Greece v. United Kingdom) - The opening of oral proceedings has been fixed for May 15th, 1952
Available in:
12 May 1952
Ambatielos (Greece v. United Kingdom) - Representatives of the two Governments at the oral proceedings
Available in:
15 May 1952
Ambatielos (Greece v. United Kingdom) - Sitting of May 15th, 1952
Available in:
16 May 1952
Ambatielos (Greece v. United Kingdom) - Sitting of May 16th, 1952
Available in:
17 May 1952
Ambatielos (Greece v. United Kingdom) - Sitting of May 17th, 1952
Available in:
26 June 1952
Ambatielos (Greece v. United Kingdom) - The Court will pronounce its Judgment on Tuesday, July 1st
Available in:
17 March 1953
Ambatielos (Greece v. United Kingdom) - Representatives of the two Governments for the oral proceedings
Available in:
23 March 1953
Ambatielos (Greece v. United Kingdom) - Hearing of March 23rd, 1953
Available in:
24 March 1953
Ambatielos (Greece v. United Kingdom) - Hearing of March 24th, 1953
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25 March 1953
Ambatielos (Greece v. United Kingdom) - Sittings of March 25th, 1953
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26 March 1953
Ambatielos (Greece v. United Kingdom) - Sitting of March 26th, 1953
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27 March 1953
Ambatielos (Greece v. United Kingdom) - Hearing of March 27th, 1953
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28 March 1953
Ambatielos (Greece v. United Kingdom) - Hearings of March 28th, 1953
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30 March 1953
Ambatielos (Greece v. United Kingdom) - Sittings of March 30th, 1953
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13 May 1953
Ambatielos (Greece v. United Kingdom) - The Court will pronounce its Judgment on Tuesday, May 19th, 1953
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Correspondence
OVERVIEW OF THE CASE
By a decree of 30 December 1948, the French authorities in the Moroccan Protectorate imposed a system of licence control in respect of imports not involving an official allocation of currency, and limited these imports to a number of products indispensable to the Moroccan economy. The United States maintained that this measure affected its rights under treaties with Morocco and contended that, in accordance with these treaties and with the General Act of Algeciras of 1906, no Moroccan law or regulation could be applied to its nationals in Morocco without its previous consent. In its Judgment of 27 August 1952, the Court held that the import controls were contrary to the Treaty between the United States and Morocco of 1836 and the General Act of Algeciras since they involved discrimination in favour of France against the United States. The Court then considered the extent of the consular jurisdiction of the United States in Morocco and held that the United States was entitled to exercise such jurisdiction in the French Zone in all disputes, civil or criminal, between United States citizens or persons protected by the United States. It was also entitled to exercise such jurisdiction to the extent required by the relevant provisions of the General Act of Algeciras. The Court rejected the contention of the United States that its consular jurisdiction included cases in which only the defendant was a citizen or protégé of the United States. It also rejected the claim by the United States that the application to United States citizens of laws and regulations in the French Zone of Morocco required the prior assent of the United States Government. Such assent was required only in so far as the intervention of the consular courts of the United States was necessary for the effective enforcement of such laws or regulations with respect to United States citizens. The Court rejected a counter-claim by the United States that its nationals in Morocco were entitled to immunity from taxation. It also dealt with the question of the valuation of imports by the Moroccan customs authorities.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
1 March 1951
Procedure(s):Counter-claims
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15 June 1951
Procedure(s):Preliminary objections
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28 July 1951
Procedure(s):Preliminary objections
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20 December 1951
Procedure(s):Counter-claims
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13 February 1952
Procedure(s):Counter-claims
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18 April 1952
Procedure(s):Counter-claims
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Oral proceedings
Minutes of the Public Sittings held at the Peace Palace, The Hague, from July 15th to 26th, and on August 27th, 1952, the President, Sir Arnold McNair, presiding
Procedure(s):Counter-claims
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Other documents
10 July 1952
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Orders
Fixing of time-limits: Memorial and Counter-Memorial, Reply and Rejoinder
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Fixing of time-limit: Written Statements of observations and submissions on Preliminary Objection
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Withdrawal of Preliminary Objection, Fixing of time-limits: Counter-Memorial, Reply and Rejoinder
Procedure(s):Preliminary objections
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Judgments
(including the text of the declaration of Judge Hsu Mo)
Procedure(s):Counter-claims
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Summaries of Judgments and Orders
Press releases
28 October 1950
Rights of Nationals of the United States of America in Morocco (France v. United States of America) - Filing by France of an Application instituting proceedings against the United States
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23 November 1950
Rights of Nationals of the United States of America in Morocco (France v. United States of America) - Order fixing the time-limits for the filing of written pleadings
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25 June 1951
Rights of Nationals of the United States of America in Morocco (France v. United States of America) - Filing of a Preliminary Objection by the United States
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8 July 1952
Rights of Nationals of the United States of America in Morocco (France v. United States of America) - Representatives of the two Governments at the hearings
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23 August 1952
Rights of Nationals of the United States of America in Morocco (France v. United States of America) - The reading of Court's Judgment will take place on 27th August, 1952, at 4 p.m.
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27 August 1952
Rights of Nationals of the United States of America in Morocco (France v. United States of America) - Judgment
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Correspondence
OVERVIEW OF THE CASE
This dispute gave rise to three Judgments by the Court. It arose out of the explosions of mines by which some British warships suffered damage while passing through the Corfu Channel in 1946, in a part of the Albanian waters which had been previously swept. The ships were severely damaged and members of the crew were killed. The United Kingdom seised the Court of the dispute by an Application filed on 22 May 1947 and accused Albania of having laid or allowed a third State to lay the mines after mine-clearing operations had been carried out by the Allied naval authorities. The case had previously been brought before the United Nations and, in consequence of a recommendation by the Security Council, had been referred to the Court.
In a first Judgment, rendered on 25 March 1948, the Court dealt with the question of its jurisdiction and the admissibility of the Application, which Albania had raised. The Court found, inter alia, that a communication dated 2 July 1947, addressed to it by the Government of Albania, constituted a voluntary acceptance of its jurisdiction. It recalled on that occasion that the consent of the parties to the exercise of its jurisdiction was not subject to any particular conditions of form and stated that, at that juncture, it could not hold to be irregular a proceeding not precluded by any provision in those texts.
A second Judgment, rendered on 9 April 1949, related to the merits of the dispute. The Court found that Albania was responsible under international law for the explosions that had taken place in Albanian waters and for the damage and loss of life which had ensued. It did not accept the view that Albania had itself laid the mines or the purported connivance of Albania with a mine-laying operation carried out by the Yugoslav Navy at the request of Albania. On the other hand, it held that the mines could not have been laid without the knowledge of the Albanian Government. On that occasion, it indicated in particular that the exclusive control exercised by a State within its frontiers might make it impossible to furnish direct proof of facts incurring its international responsibility. The State which is the victim must, in that case, be allowed a more liberal recourse to inferences of fact and circumstantial evidence ; such indirect evidence must be regarded as of especial weight when based on a series of facts, linked together and leading logically to a single conclusion. Albania, for its part, had submitted a counter-claim against the United Kingdom. It accused the latter of having violated Albanian sovereignty by sending warships into Albanian territorial waters and of carrying out minesweeping operations in Albanian waters after the explosions. The Court did not accept the first of these complaints but found that the United Kingdom had exercised the right of innocent passage through international straits. On the other hand, it found that the minesweeping had violated Albanian sovereignty, because it had been carried out against the will of the Albanian Government. In particular, it did not accept the notion of “self-help” asserted by the United Kingdom to justify its intervention.
In a third Judgment, rendered on 15 December 1949, the Court assessed the amount of reparation owed to the United Kingdom and ordered Albania to pay £844,000.
This overview is provided for information only and in no way involves the responsibility of the Court.