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The Thirty-First Year of the World Court*

Published online by Cambridge University Press:  20 April 2017

Manley O. Hudson
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Extract

The International Court of Justice had a relatively busy year in 1952. The judges were in continuous session at The Hague from May 5 to August 27,1952; judgments were given in the Anibatielos Case between Greece and the United Kingdom (on a preliminary objection), in the Anglo-Iranian Oil Company Case between the United Kingdom and Iran (on a preliminary objection), and in the Case Concerning Bights of Nationals of the United States of America in Morocco between France and the United States. At the end of the year three cases were pending: the Amhatielos Case, the Minquiers and Ecrehos Case between the United Kingdom and France, and the Notteiohm Case between Liechtenstein and Guatemala.

Type
Research Article
Information
American Journal of International Law , Volume 47 , Issue 1 , January 1953 , pp. 1 - 19
Copyright
Copyright © American Society of International Law 1953

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Footnotes

*

This is the thirty-first in the writer's series of annual articles on the World Courty the publication of which was begun in this Journal, Vol.17 (1923), p. 15.

References

* This is the thirty-first in the writer’s series of annual articles on the World Court; the publication of which was begun in this Journal, Vol. 17 (1923), p. 15.

1 The application mentions the appointment of an arbitrator “in the person of Mr. Raeburn.” An appeal from a judgment on an award made by W. N. Raeburn, K. C, as an arbitrator, is reported in Ambatielos v. Anton Jurgens Margarine Works, [1922] 2 K. B. 185, [1923] A. C. 175, and a case involving pilotage dues is reported as The Ambatielos, [1923] Probate 68; but neither of these cases would seem to be that described in the application.

2 I.C.J. Reports, 1952, p. 28; this Journal, Vol. 46 (1952), p. 733.

3 77 British and Foreign State Papers 100.

4 Idem, p. 106.

5 British Treaty Series, No. 2 (1927), Cmd. 2790.

6 Idem, p. 44.

7 A declaration was made by Greece in 1929, renewed in 1934 and in 1939, but it expired in 1944.

8 British Parliamentary Papers, Cmd. 2790.

9 61 League of Nations Treaty Series 15.

10 I.C.J. Reports, 1952, p. 90.

11 I.C.J. Reports, 1951, p. 89; this Journal, Vol. 45 (1951), p. 789.

12 British Parliamentary Papers, Cmd. 8425, p. 52.

13 The United Kingdom also asked the Court to order the Iranian Government to plead on the merits. Given the terms of Art. 53 of the Statute, it may be questioned whether such an order would be proper.

14 I.C.J. Reports, 1952, p. 93; this Journal, Vol. 46 (1952), p. 737.

15 The Free Zones Case (1930), 2 Hudson, World Court Eeports 448, was cited in this connection, as well as the Eastern Greenland Case (1933), 3 idem 151.

16 Department of State Bulletin, Vol. 27, No. 689 (Sept. 8, 1952), p. 360.

17 See this Journal, Vol. 46 (1952), pp. 31–32.

18 I.C.J. Reports, 1952, p. 176; this Journal, below, p. 136. An illuminating account of the case, by Joseph M. Sweeney of the United States Department of State, is published in Department of State Bulletin, Vol. 27, No. 695 (Oct. 20, 1952), p. 620.

19 2 Malloy, Treaties of the United States 2157; this Journal, Supp., Vol. 1 (1907), p. 47. For other early treaties and agreements regarding Morocco, see ibid., pp. 6, 8, and Vol. 6 (1912), pp. 14, 113, 116, 207.

20 Basdevant Traités et Conventions en Vigueur, Vol. 3, p. 69; this Journal, Supp., Vol. 6 (1912), p. 207.

21 4 Miller, Treaties of the United States 33.

22 2 idem 185.

23 22 U. S. Statutes at Large 817; this Journal, Supp., Vol. 6 (1912), p. 18.

24 46 British and Foreign State Papers 176.

25 53 idem 1089.

26 2 Miller, treaties of the United States 185. Miller dates the treaty in 1786, but it is sometimes dated in 1787; this difference is due to the peculiar circumstances under which the treaty was concluded.

27 Ibid., pp. 222–223.

28 184 League of Nations Treaty Series 351; this Journal, Supp., Vol. 34 (1940), p. 225.

29 Department of State Bulletin, Vol. 27, No. 695 (Oct. 20, 1952), p. 623.

30 I.C.J. Reports, 1952, p. 4.

31 Ibid., p. 173.

32 I.C.J. Reports, 1952, p. 10.

33 Ibid., p. 19.

34 It may be noted that in the Losinger & Co. Case, 4 Hudson, World Court Reports 157, no point was made by Yugoslavia of the fact that the application by Switzerland was filed with the Registry on Nov. 23, 1935, i.e., the day on which the declaration made by Yugoslavia for a period of five years from Nov. 24, 1930, expired.

35 I.C.J. Yearbook, 1951–1952, p. 185.

36 Not including the declaration made by Guatemala which has expired, or the declarations by Iran and Paraguay which have been denounced.

37 I.C.J. Yearbook, 1951–1952, pp. 213–214.

38 I.C.J. Yearbook, 1951–1952, pp. 96–97. See also idem, 1950–1951, p. 114.

39 Fisheries Case, Pleadings, etc., Vol. IV, pp. 645, 668.

40 I.C.J. Yearbook, 1951–1952, p. 97; U. S. Department of State Bulletin, Vol. 27, No. 695 (Oct. 20, 1952), p. 620.

41 Fisheries Case, Pleadings, etc., Vol. IV, pp. 628–629.

42 Ibid., p. 635.

43 This term has been used in this connection. U. S. Department of State Bulletin, Vol. 27, No. 695 (Oct. 20, 1952), p. 620. It is hardly justified by the record of the drafting of the rule. P.O.I.J., Series D, No. 2 (2d add.), pp. 173–174.