Limitations of the ICJ Contentious cases can only be adjudicated between two or more states. State-centred procedure and mindset.
{"Image DocumentName": "Limitations of the ICJContentious cases can only be adjudicated between two or more states. State-centred procedure and mindset.", "Image ImageDescription": "States have not proven keen to use the ICJ for settling human rights issues. E.g., appear to prefer ignoring the HRCttee Views, rather than \u2018appealing\u2019 to the ICJ. A. v. Australia, HRCtttee 3 April The Security Council may not be subject to effective judicial review by the ICJ. See, Lockerbie case, order of 14 April Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United States of America), Order of 14 April 1992, Request for the indication of Provisional Measures. 42. Whereas both Libya and the United States, as Members of the. United Nations, are obliged to accept and carry out the decisions of the. Security Council in accordance with Article 25 of the Charter; whereas. the Court, which is at the stage of proceedings on provisional measures, considers that prima facie this obligation extends to the decision con- tained in resolution 748 (1992); and whereas, in accordance with. Article 103 of the Charter, the obligations of the Parties in that respect. prevail over their obligations under any other international agreement, including the Montreal Convention; 43. Whereas the Court, while thus not at this stage called upon to deter- mine definitively the legal effect of Security Council resolution 748. (1992), considers that, whatever the situation previous to the adoption of. that resolution, the rights claimed by Libya under the Montreal Conven- tion cannot now be regarded as appropriate for protection by the indica- tion of provisional measures ; 44. Whereas, furthermore, an indication of the measures requested by. Libya would be likely to impair the rights which appear prima facie to be. enjoyed by the United States by virtue of Security Council resolution 748. (1992);", "Image XResolution": "37", "Image YResolution": "37", "Image ResolutionUnit": "Pixels/Centimeter", "Image Software": "SlidePlayer", "Image YCbCrPositioning": "Centered"}