Posts filed under 'Dispute Resolution'
January 17th, 2008 at 11:38am
On January 16, Peru asked the UN’s International Court of Justice (ICJ) to adjudicate its ongoing maritime dispute with Chile. Peru claims that the zones in dispute have never been delimited by a treaty or other type of agreement, and thus should be determined by the ICJ in accordance with customary international law.
Two principal areas are disputed. The first is the maritime boundary between the two countries in the Pacific Ocean. The second is a zone within 200 miles of the Peruvian coast, over which Peru claims sovereign rights but which Chile considers part of the high seas.
More on the story is available here.
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December 17th, 2007 at 11:41am
On December 13 the UN International Court of Justice (ICJ) ruled that three islands in the Caribbean Sea disputed between Colombia and Nicaragua in fact belong to Colombia. Nicaragua had brought action at the ICJ, arguing that it should be granted sovereignty over the islands of San Andrés, Providencia and Santa Catalina. Colombia raised preliminary objections that a 1928 treaty and the 1948 Pact of Bogotá settled the issue, and thus the ICJ does not have jurisdiction over the dispute. A 13-4 majority found that the 1928 treaty indeed settled the matter, noting that Nicaragua had not contested the treaty for over 50 years after its signing.
The judges also ruled unanimously that the treaty does not, however, cover the three other disputed cays of Roncador, Quitasueño, and Serrana, nor does it cover the delimitation of the maritime border between the two countries. The ICJ thus has the authority to adjudicate on those matters.
More on the story is available here.
The Court’s press release and judicial opinion can be downloaded here.
The International Criminal Court (also known as the World Court) hears disputes between States and its decisions are binding.
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November 18th, 2007 at 11:44am
The Supreme Court of Canada finally decided the much anticipated Dell Computer Corp. v. Union des consommateurs case. Online retailer Dell attempted to object to a class action commenced in Québec by relying on a National Arbitration Forum arbitration clause, mentioned only in the terms and conditions of its website. Dell argued that the customer who had initiated the class action was bound by an enforceable arbitration agreement and that this clause allowed the customer only to bring an individual claim before an arbitral tribunal. The Supreme Court reversed the lower court’s decision by holding the arbitration clause enforceable, dismissed the class action and referred the consumer’s claim to arbitration.
For full story click here
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April 9th, 2007 at 07:18pm
The Office of the United States Trade Representative today announced that, on Tuesday, it would file a case against China for deficiencies in its protection and enforcement of intellectual property rights. The U.S. also filed a second suit, seeking to eliminate distribution barriers for literary and audiovisual products.
The press release is here.
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March 16th, 2007 at 10:39pm
On March 13, Railroad Development Corporation (RDC) filed its Notice of Intent to Submit Claims to international arbitration against the Republic of Guatemala under the Central America-Dominican Republic-United States Free Trade Agreement (CAFTA). RDC’s press release noted that this action would be the first use of investor-state dispute resolution under Chapter 10 of CAFTA.
RDC’s press release can be found here.
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January 27th, 2007 at 04:53pm
President Jean-Paul Costa voiced his concern over Russia’s failure to ratify Protocol 14 to the European Convention on Human Rights, which would simplify procedures for dealing with meritless or repetitive cases. The protocol cannot be implemented until all signatories to the Convention ratify it, and Russia remains the lone holdout. Costa argued that this protocol is necessary to increase productivity and reduce the Court’s backlog of some 90,000 pending cases.
For more information, see here.
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January 25th, 2007 at 04:02am
The International Court of Justice at The Hague yesterday rejected Uruguay’s request for provisional measures that would compel Argentina to remove blockades set up by environmental picketers on the main thoroughfares connecting the two countries. The blockades, which protest Uruguay’s construction of pulp mills near the border, have spurred ongoing controversy and litigation for almost a year. The ICJ ruled 14-1 that the current situation did not justify the measures sought by Uruguay, but urged the two countries to seek cooperative, lawful ways to resolve their tensions.
http://www.falkland-malvinas.com/vernoticia.do?id=9705&formato=HTML
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January 22nd, 2007 at 01:27pm
Mercosur’s ministerial council concluded its two-day summit in Rio de Janeiro on Friday with no major policy agreements made between the 11 South American nations in attendance. The heads of state of Bolivia, Colombia, and Venezuela aired grievances on issues like foreign investment, the nationalization of major industries, and U.S. anti-drug policies. Paraguay, which currently holds the Mercosur presidency, told Argentina and Uruguay they must resolve their deadlocked conflict over the construction of pulp mills along their border; the dispute is currently before the International Court of Justice.
http://www.falkland-malvinas.com/vernoticia.do?id=9687&formato=HTML
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November 17th, 2006 at 02:09pm
After a federal district court issued a confirmation judgment of an international arbitrator’s award under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Third Circuit denied a motion made under Article V of the Convention to adjourn enforcement of the award, and altered the judgment to more closely adhere to the initial arbitration award.
See Admart v. Birch, 2006 U.S. App. LEXIS 24460 (September 28, 2006).
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November 17th, 2006 at 09:42am
The Hague’s Permanent Court of Arbitration has undertaken a project to make
available in electronic format the arbitration awards that it has granted since
its establishment in 1899. The documents will be provided through
www.haguejusticeportal.net. Several cases from the early twentieth century are
now available.
See http://www.pca-cpa.org/ENGLISH/NE/
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