Guide to International Legal Citation
Download 206.21 Kb.
|
- Navigate this page:
- 2. Reports of the Special Rapporteurs
- 3. ILC articles and draft articles
- 4. Unpublished ILC documents
- D. PCIJ and ICJ
- 2. The ICJ: the basic rule
- 3. Declarations, dissents and separate opinions
- 4. Subsequent references to judgments
C. ILC Materials1. The ILC Yearbook in generalTHE RULE The International Law Commission (ILC) is a body of the UN charged with the ‘codification and progressive development’ of international law. It is extremely influential, and will be frequently referred to. The work of the ILC is replicated every year in the Yearbook of the International Law Commission, and most references to the work of the ILC will be to this document. The Yearbook is usually released as two volumes per session. Volume I is a summary of the debates of the session between ILC members. Volume II represents documents presented to and by the ILC. More recent Yearbooks have divided Volume II into two parts. Volume II(1) contains the documents presented to the ILC, usually the reports of the various Special Rapporteurs. Volume II(2) contains the documents presented by the ILC to the UN General Assembly, including the ILC’s annual report and any draft articles prepared in that year. The basic form of citation for the ILC Yearbook is as follows: ILC Ybk year of session/volume(part), pin cite. When dealing with the debates contained in Volume I of the Yearbook, when referring to the comments of a specific member of the ILC, their surname should be given in parentheses after the pin cite. A reference to their state of origin should be omitted from the footnotes, but may be given in the body of the text. Thus: ILC Ybk year of session/I, pin cite (member’s surname).
Initial consideration of the law of the sea by the ILC was undertaken in the period 1950–1956. The work of the Commission during this time considered in detail the juridical nature of the territorial sea, with the ILC ultimately agreeing that the coastal state possessed full sovereignty over its appurtenant waters. Agreement was not, however, unanimous, with the French representative on the Commission advocating a return to the servitude theory.1 _________________
Where reference is made to a report of a Special Rapporteur, the name of the Rapporteur and the full title of the report including its number should be provided as follows: Name of Rapporteur, ‘Full Title of Report’, ILC Ybk year of session/II(1), start page, pin cite. Subsequent references to the report in question need only refer to the surname of the Rapporteur and a cross-reference. Where the Special Rapporteur is referred to in the debates of the Commission, their title as such should be provided, but only where the subject matter for which they are Special Rapporteur is the subject of discussion.
The work of the ILC is often reflected in sets of articles or draft articles released by the ILC, such as the Articles on the Responsibility of States for Internationally Wrongful Acts and the Draft Articles on Diplomatic Protection. Where cited, the name of the set of articles should be given, followed by an abbreviation as follows: Name of Articles, ILC Ybk year of session/II(2), start page, Art article number. In addition, ILC articles also appear in the Yearbook with commentaries useful for the interpretation of each provision. Although these have page numbers, they are to be cited according to the provision number relevant, and the individual paragraph of the commentary for that provision, like so: Commentary to the Name of Articles, ILC Ybk year of session/II(2), start page, Art article number, para para number. On subsequent citation of ILC articles or commentary thereto, the rule as to subsequent reference to treaties at II.A.2 above applies mutatis mutandis. Unlike, treaties and articles, however, ‘ibid’ may be used in the case of commentaries. EXAMPLES 1 Articles on the Responsibility of States for Internationally Wrongful Acts, ILC Ybk 2001/II(2), 26, Art 6 (ARSIWA). 2 Commentary to the Articles on the Responsibility of States for Internationally Wrongful Acts, ILC Ybk 2001/II(2), 36, Art 4, para 1 (ARSIWA Commentary). 3 ARSIWA Art 3. 4 ARSIWA Commentary, Art 2, para 4. 5 Ibid, Art 3, para 2. 4. Unpublished ILC documentsTHE RULE As mentioned, the Yearbook is sometimes published several years after the session in question. In the meantime, documents produced by or submitted to the ILC are given a UN document number which should be the subject of reference, along with the date that the document was released, like so: Name of Document, UN Doc document number, session number (year of session) para para number. Where the document in question is a set of articles or draft articles, the rule in II.C.3 applies mutatis mutandis. EXAMPLES 1 Draft Articles on the Responsibility of International Organizations, UN Doc A/66/10, 63rd session (2011) Art 3 (DARIO). 2 DARIO Art 3. 3 Commentary to the Draft Articles on the Responsibility of International Organizations, UN Doc A/66/10, 63rd session (2011) Art 3, para 1 (DARIO Commentary). 4 Ibid, Art 32, para 6. D. PCIJ and ICJ1. The PCIJ: the basic ruleTHE RULE Decisions of the Permanent Court of International Justice should be cited as follows: Name of Case (year of decision) PCIJ Ser series No case number, pin cite. NOTE: PCIJ materials are usually fairly easy to cite, on the basis that in most cases, rather than initiate a new phase of proceedings under the same reported citation (see e.g. the case of the ICJ below), it tended to simply give each proceeding a new citation, with the phase included in the title of the case. EXAMPLES Treatment of Polish Nationals and Other Persons of Polish Origin or Speech in the Danzig Territory (1932) PCIJ Ser A/B No 44, 6. Nationality Decrees in Tunis and Morocco (1923) PCIJ Ser B No 4, 18. Certain German Interests in Polish Upper Silesia (Preliminary Objections) (1925) PCIJ Ser A No 6, 5. Certain German Interests in Polish Upper Silesia (Merits) (1926) Ser A No 7, 30. 2. The ICJ: the basic ruleTHE RULE The basics Reported decisions of the International Court of Justice should be cited as follows: Name of Case (Claimant v Respondent), Phase of Proceedings, ICJ Reports year of decision, p start page, pin cite. Unreported decisions of the Court should be cited as follows: Name of Case (Claimant v Respondent), Phase of Proceedings of Date of Decision, para pin cite. NOTE I: When considering advisory opinions of the Court, do not include the name of a Claimant or Respondent in the title, as there are none. NOTE II: The Court will occasionally render the names of the Claimant and Respondent as Claimant/Respondent. This is intended to indicate that the case was submitted to the Court via compromis and should be followed in the citation, e.g. Continental Shelf (Libyan Arab Jamahiriya/Malta). Phases of proceedings When considering phases of proceedings, one should be sensible as the Court often adopts rather long-winded designations for otherwise simple proceedings, e.g. in the case of Diallo, where reference was made to ‘Compensation owed by the Democratic Republic of the Congo to the Republic of Guinea’—‘Compensation’ would have been sufficient. Editors should therefore abbreviate when necessary, but not to the point of being insensible. Some common terms for phases of proceeding include: Judgment Preliminary Objections Interim Measures Order of Date of Order Compensation Advisory Opinion Jurisdiction and Admissibility NOTE: Where a decision is the final determination on the merits offered by the Court—i.e. a judgment or advisory opinion—there is no need to include a mention of the phase of proceedings where the decision is reported. There will still be a need to mention such things where the decision is unreported. Thus, the following should never appear: Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, ICJ Reports 2004 p 136, 155. Documents submitted to the Court In the past the Court would produce a volume of documents submitted by the parties to accompany the proceedings. In our digital age, however, there is no need to refer to these. All documents submitted to the Court are available on its website: http://www.icj-cij.org/docket/index.php?p1=3&p2=2. They are not, however, included in the reports of the Court. The reference should therefore be as follows: Name of Case (Claimant v Respondent), Name of Party: Name of Document of Date of Document, para pin cite. EXAMPLES Military and Paramilitary Activities in and against Nicaragua (Nicaragua v US), Jurisdiction and Admissibility, ICJ Reports 1984 p 392, 400. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v US), ICJ Reports 1986 p 14, 15. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, ICJ Reports 2004 p 136, 155. Jurisdictional Immunities of the State (Germany v Italy; Greece intervening), Judgment of 3 February 2012, para 8. Territorial and Maritime Dispute (Nicaragua v Colombia), Nicaragua: Application of 6 December 2001, para 4. 3. Declarations, dissents and separate opinionsTHE RULE Where the majority opinion in a PCIJ or ICJ case is given, there is no need to indicate that it is a judgment of the majority, or to give the content of the majority. Where an opinion separate to the majority is given, however, this must be indicated after the pin cite in the reference as follows: (Name of Judge, type of opinion) When giving the name of the judge, their title and surname must be included (Judge Read, Vice-President Al-Khasawneh, President Owada). The type of opinion is demonstrated by an abbreviation of its full name as follows: Separate Opinion sep op Dissent diss Declaration dec
Unlike secondary sources, further citation of a judgment is not indicated by the use of ‘above’ or ‘below’. Rather, an abbreviated title is given to each case in the judgment. This should appear after the entire citation (including pin cites) of the case when initially referenced, as follows: (Abbreviated Name) This abbreviated title is then given along with full reference of the case (e.g. Nicaragua, ICJ Reports 1986 p 14, 33) on each subsequent reference. ‘Ibid’ may, however, be used. A word on title abbreviation Many cases of the ICJ and PCIJ are well-known by their abbreviated titles, and this should be used where possible. Some common cases include: Military and Paramilitary Activities in and against Nicaragua Nicaragua Delimitation of the Maritime Boundary in the Gulf of Maine Area Gulf of Maine United States Diplomatic and Consular Staff in Tehran Tehran Hostages Reparation for Injuries Suffered in the Service of the United Nations Reparations Where possible, the parties to the case should not be used to indicate its short title (e.g. Gulf of Maine is not Canada/US). The exception to this rule is where the obvious abbreviation does not sufficiently distinguish the case from others like it. This is particularly the case with territorial and maritime disputes – e.g. Continental Shelf (Libyan Arab Jamahiriya/Malta) is hardly rendered distinct if called Continental Shelf: Libya/Malta is the obvious choice. The same may be said of Territorial Dispute (Burkina Faso/Republic of Mali) (rendered as Burkina Faso/Mali). The exception to this rule is if, as in Gulf of Maine, a geographical feature in the title is sufficiently distinct as to permit the case to be known by that name rather than those of the parties. Other examples include Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea (Caribbean Sea) and Maritime Delimitation in the Black Sea (Black Sea).
Directory: wp-content -> uploads -> 2013 2013 -> International post doctoral research fellowship programme final report title of the research 2013 -> Seals Family History 1565 to 2004 2013 -> Rao bulletin 15 July 2013 html edition this bulletin contains the following articles 2013 -> R institute of technology school of foreign languages 2013 -> Provisional Programme – subject to change thursday 10th april 2013 -> June, 2013 National hiv testing Day Month Men’s Health Week Hurricane Safety Month 2013 -> In memory of the residents of the Parish Chesham Bois that served their country during wwii 2013 -> Federal contract awards in georgia april 2013 Download 206.21 Kb. Share with your friends:
|