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permanent court of justice

Leiden Journal of International Law (1)

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

Leiden Journal of International Law / Volume 12 / Issue 1 / March 1999

Published online by Cambridge University Press:

03 March 2004, pp. 197-229

Print publication:

March 1999
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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.