Contentious
OVERVIEW OF THE CASE
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Orders
Press releases
3 March 1954
Treatment in Hungary of Aircraft and Crew of United States of America (United States of America v. Union of Soviet Socialist Republics) - The United States file Applications instituting proceedings against Hungary and the USSR
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15 July 1954
Treatment in Hungary of Aircraft and Crew of United States of America (United States of America v. Union of Soviet Socialist Republics) - The case is removed from the Court's List
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Correspondence
OVERVIEW OF THE CASE
On 7 October 1894, Honduras and Nicaragua signed a treaty on the delimitation of the frontier between the two countries, one of the Articles of which provided that, in certain circumstances, any points of the boundary line which were left unsettled should be submitted to the decision of the Government of Spain. In October 1904, the King of Spain was asked to determine that part of the frontier line on which the Mixed Boundary Commission appointed by the two countries had been unable to reach agreement. The King gave his arbitral award on 23 December 1906. Nicaragua contested the validity of the award and, in accordance with a resolution of the Organization of American States, the two countries agreed in July 1957 on the procedure to be followed for submitting the dispute on this matter to the Court. In the Application by which the case was brought before the Court on 1 July 1958, Honduras claimed that failure by Nicaragua to give effect to the arbitral award constituted a breach of an international obligation and asked the Court to declare that Nicaragua was under an obligation to give effect to the award. After considering the evidence produced, the Court found that Nicaragua had in fact freely accepted the designation of the King of Spain as arbitrator, had fully participated in the arbitral proceedings, and had thereafter accepted the award. Consequently the Court found in its Judgment delivered on 18 November 1960 that the award was binding and that Nicaragua was under an obligation to give effect to it.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
5 January 1959
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5 May 1959
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3 August 1959
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4 January 1960
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Oral proceedings
Minutes of the Public Hearings held at the Peace Palace, The Hague, from 15 September to 11 October and 18 November 1960, the president, M. Klaestad, presiding
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Other documents
13 September 1960
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Orders
Fixing of time-limits: Memorial, Counter-Memorial, Reply and Rejoinder
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Judgments
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Summaries of Judgments and Orders
Press releases
3 July 1958
The Government of Honduras files an Application instituting proceedings against the Government of Nicaragua
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5 September 1958
Arbitral Award Made by the King of Spain on 23 December 1906 (Honduras v. Nicaragua) - The Court fixes the time-limits for the filing of the Pleadings
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7 October 1959
Arbitral Award Made by the King of Spain on 23 December 1906 - Extension of the time-limit for the filing of the Rejoinder of Nicaragua
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21 March 1960
Arbitral Award Made by the King of Spain on 23 December 1906 - The hearings will begin on 15 September 1960
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10 September 1960
Arbitral Award Made by the King of Spain on 23 December 1906 - Opening of the oral proceedings on 15 September 1960
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15 September 1960
Arbitral Award Made by the King of Spain on 23 December 1906 - Hearing of 15 September 1960
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17 September 1960
Arbitral Award Made by the King of Spain on 23 December 1906 - Hearings of 16 and 17 September 1960
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24 September 1960
Arbitral Award Made by the King of Spain on 23 December 1906 - Hearings of the week of 24 September 1960
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4 October 1960
Arbitral Award Made by the King of Spain on 23 December 1906 - Hearings of 27 September to 4 October 1960
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8 October 1960
Arbitral Award Made by the King of Spain on 23 December 1906 - Hearings of 6 to 8 October 1960
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12 October 1960
Arbitral Award Made by the King of Spain on 23 December 1906 - Hearings of 10 and 11 October 1960
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14 November 1960
Arbitral Award Made by the King of Spain on 23 December 1906 - The Court will read its Judgment on 18 November 1960
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18 November 1960
Arbitral Award Made by the King of Spain on 23 December 1906 - Judgment
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Correspondence
OVERVIEW OF THE CASE
In this case, as well as in the cases concerning the Treatment in Hungary of Aircraft and Crew of the United States of America (United States of America v. Hungarian People's Republic); Treatment in Hungary of Aircraft and Crew of the United States of America (United States of America v. Union of Soviet Socialist Republics); Aerial Incident of 10 March 1953 (United States of America v. Czechoslovakia); Aerial Incident of 7 October 1952 (United States of America v. Union of Soviet Socialist Republics); and Aerial Incident of 7 November 1954 (United States of America v. Union of Soviet Socialist Republics), the United States did not claim that the States against which the Applications were made had given any consent to jurisdiction, but relied on Article 36, paragraph 1, of the Court’s Statute, which provides that the jurisdiction of the Court comprises all cases which the parties refer to it. The United States stated that it submitted to the Court’s jurisdiction for the purpose of the above-mentioned cases and indicated that it was open to the other Governments concerned to do likewise. These Governments having stated in each case that they were unable to submit to the Court’s jurisdiction in the matter, the Court found that it did not have jurisdiction to deal with these six cases, and removed them from its List.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Orders
Press releases
23 August 1958
The Government of the United States of America files an Application instituting proceedings against the Union of Soviet Socialist Republics
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Correspondence
OVERVIEW OF THE CASE
The Court was asked to settle a dispute as to sovereignty over two plots of land situated in an area where the Belgo-Dutch frontier presented certain unusual features, as there had long been a number of enclaves formed by the Belgian commune of Baerle-Duc and the Netherlands commune of Baarle-Nassau. A Communal Minute drawn up between 1836 and 1841 attributed the plots to Baarle- Nassau, whereas a Descriptive Minute and map annexed to the Boundary Convention of 1843 attributed them to Baerle-Duc. The Netherlands maintained that the Boundary Convention recognized the existence of the status quo as determined by the Communal Minute, that the provision by which the two plots were attributed to Belgium was vitiated by an error, and that Netherlands sovereignty over the disputed plots had been established by the exercise of various acts of sovereignty since 1843. After considering the evidence produced, the Court, in a Judgment delivered on 20 June 1959, found that sovereignty over the two disputed plots belonged to Belgium.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
Oral proceedings
Minutes of the Public Hearings held at the Peace Palace, The Hague, from 27 April to 5 May and on 20 June 1959, the President, Mr. Klaestad, presiding
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Other documents
27 April 1959
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Orders
Judgments
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Summaries of Judgments and Orders
Press releases
29 November 1957
The Government of the Kingdom of the Netherlands files a special agreement by which the Netherlands and Belgium submit a dispute to the Court
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14 April 1959
Sovereignty over Certain Frontier Land - The hearings will begin on April 27th, 1959
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23 April 1959
Sovereignty over Certain Frontier Land - Representatives of the Parties at the hearings
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23 April 1959
Sovereignty over Certain Frontier Land - Hearing of April 27th, 1959
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28 April 1959
Sovereignty over Certain Frontier Land - Hearings of April 28th, 1959
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29 April 1959
Sovereignty over Certain Frontier Land - Hearings of April 29th, 1959
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1 May 1959
Sovereignty over Certain Frontier Land - Hearings of May 1st, 1959
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2 May 1959
Sovereignty over Certain Frontier Land - Hearing of May 2nd, 1959
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4 May 1959
Sovereignty over Certain Frontier Land - Hearing of May 4th, 1959
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5 May 1959
Sovereignty over Certain Frontier Land - Hearing of May 5th, 1959
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18 June 1959
Sovereignty over Certain Frontier Land - The Court will read its Judgment on Saturday, June 20th, 1959
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Correspondence
OVERVIEW OF THE CASE
This case arose out of the incident which was the subject of the proceedings in the case concerning the Aerial Incident of 27 July 1955 (Israel v. Bulgaria). The aircraft destroyed by Bulgarian anti-aircraft defence forces was carrying several United States nationals, who all lost their lives. Their Government asked the Court to find Bulgaria liable for the losses thereby caused and to award damages. Bulgaria filed preliminary objections to the Court’s jurisdiction, but, before hearings were due to open, the United States informed the Court of its decision, after further consideration, not to proceed with its application. Accordingly, the case was removed from the List by an Order of 30 May 1960.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
3 September 1959
Procedure(s):Preliminary objections
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3 April 2017
Procedure(s):Preliminary objections
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Orders
Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objections
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Extension of time-limit: Written Statement of observations and submissions on Preliminary Objections
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Removal from the list
Procedure(s):Preliminary objections,Discontinuance
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Press releases
29 October 1957
The United States Government files an Application instituting proceedings against the People's Republic of Bulgaria
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20 May 1958
Aerial incident of 27 July 1955 (United States of America v. Bulgaria) - Extension of the time-limits for the filing of the pleadings
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11 September 1959
Aerial Incident of 27 July 1955 (United States of America v. Bulgaria) - The Government of Bulgaria files in the Registry Preliminary Objections to the Court's jurisdiction
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21 March 1960
Aerial Incident of 27 July 1955 (United States of America v. Bulgaria) - The hearings of the Objections will begin on June 1st, 1960
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19 May 1960
Aerial Incident of 27 July 1955 (United States of America v. Bulgaria) - The Agent of the Government of the United States advises the Court that his Government desires to discontinue the proceedings
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Correspondence
OVERVIEW OF THE CASE
This case arose out of the destruction by Bulgarian anti-aircraft defence forces of an aircraft belonging to an Israeli airline. Israel instituted proceedings before the Court by means of an Application in October 1957. Bulgaria having challenged the Court’s jurisdiction to deal with the claim, Israel contended that, since Bulgaria had in 1921 accepted the compulsory jurisdiction of the Permanent Court of International Justice for an unlimited period, that acceptance became applicable, when Bulgaria was admitted to the United Nations in 1955, to the jurisdiction of the International Court of Justice by virtue of Article 36, paragraph 5, of the present Court’s Statute, which provides that declarations made under the Statute of the PCIJ and which are still in force shall be deemed, as between the parties to the present Court’s Statute, to be acceptances applicable to the International Court of Justice for the period which they still have to run and in accordance with their terms. In its Judgment on the preliminary objections, delivered on 26 May 1959, the Court found that it was without jurisdiction on the ground that Article 36, paragraph 5, was intended to preserve only declarations in force as between States signatories of the United Nations Charter, and not subsequently to revive undertakings which had lapsed on the dissolution of the PCIJ.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
4 December 1958
Procedure(s):Preliminary objections
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3 February 1959
Procedure(s):Preliminary objections
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Oral proceedings
Minutes of the Public Hearings held at the Peace Palace, The Hague, from 16 March to 3 April and 26 May 1959, the President, Mr. Klaestad, presiding
Procedure(s):Preliminary objections
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Orders
Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objections
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Judgments
Preliminary Objections (including the text of the declaration of Judge Zafrulla Khan)
Procedure(s):Preliminary objections
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Summaries of Judgments and Orders
Press releases
17 October 1957
The Government of Israel files an Application instituting proceedings against the People's Republic of Bulgaria
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10 February 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - The hearings will begin on March 16th, 1959
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9 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Representatives of the Parties at the hearings which will begin on March 16th, 1959
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16 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearing of March 16th, 1959
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17 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 17th, 1959
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18 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 18th, 1959
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19 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearing of March 19th, 1959
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23 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 23rd, 1959
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24 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 24th, 1959
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25 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of March 25th, 1959
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26 March 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearing of March 26th, 1959
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1 April 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of April 1st, 1959
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2 April 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearing of April 2nd, 1959
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3 April 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Hearings of April 3rd, 1959
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19 May 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - The Court will read its Judgment on the Preliminary Objections on May 26th, 1959
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26 May 1959
Aerial Incident of 27 July 1955 (Israel v. Bulgaria) - Judgment (Preliminary Objections)
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Correspondence
OVERVIEW OF THE CASE
This case arose out of the destruction by Bulgarian anti-aircraft defence forces of an aircraft belonging to an Israeli airline which was the subject of the proceedings concerning the Aerial Incident of 27 July 1955 (Israel v. Bulgaria). The aircraft destroyed by Bulgarian anti-aircraft defence forces was carrying several nationals of the United Kingdom and colonies, who all lost their lives. The United Kingdom asked the Court to find Bulgaria liable for the losses thereby caused and to award damages. After filing a Memorial, however, the United Kingdom informed the Court that it wished to discontinue the proceedings in view of the decision of 26 May 1959 whereby the Court found that it lacked jurisdiction in the case brought by Israel.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
28 August 1958
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Orders
Press releases
23 November 1957
The Government of the United Kingdom of Great Britain and Northern Ireland files an Application instituting proceedings against the People's Republic of Bulgaria
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28 May 1959
Aerial incident of 27 July 1955 (United Kingdom v. Bulgaria) - Extension of the time-limit for the deposit of the Counter-Memorial of the Government of Bulgaria
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18 August 1959
Aerial incident of 27 July 1955 (United Kingdom v. Bulgaria) - The case is removed from the Court's List
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Correspondence
OVERVIEW OF THE CASE
The Portuguese possessions in India included the two enclaves of Dadra and Nagar-Aveli which, in mid-1954, had passed under an autonomous local administration. Portugal claimed that it had a right of passage to those enclaves and between one enclave and the other to the extent necessary for the exercise of its sovereignty and subject to the regulation and control of India ; it also claimed that, in July 1954, contrary to the practice previously followed, India had prevented it from exercising that right and that that situation should be redressed. A first Judgment, delivered on 26 November 1957, related to the jurisdiction of the Court, which had been challenged by India. The Court rejected four of the preliminary objections raised by India and joined the other two to the merits. In a second Judgment, delivered on 12 April 1960, after rejecting the two remaining preliminary objections, the Court gave its decision on the claims of Portugal, which India maintained were unfounded. The Court found that Portugal had in 1954 the right of passage claimed by it but that such right did not extend to armed forces, armed police, arms and ammunition, and that India had not acted contrary to the obligations imposed on it by the existence of that right.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
Procedure(s):Preliminary objections
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15 June 1956
Procedure(s):Preliminary objections
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24 February 2017
Procedure(s):Preliminary objections
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27 February 2017
Procedure(s):Preliminary objections
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27 February 2017
Procedure(s):Preliminary objections
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Oral proceedings
Minutes of the Public Hearings held at the Peace Palace, The Hague, from 23 September to 2 October and on 26 November 1957, the President, Mr. Hackworth, presiding
Procedure(s):Preliminary objections
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Minutes of the Public Hearings held at the Peace Palace, The Hague, from 21 September to 6 November 1959 and 12 April 1960, the President, Mr. Klaestad, presiding
Procedure(s):Preliminary objections
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Orders
Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objections
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Extension of time-limit: Written Statement of observations and submissions on Preliminary Objections
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Extension of time-limits: Counter-Memorial, Reply and Rejoinder
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Judgments
Preliminary Objections (including the text of the declarations of Judges ad hoc Kojevnikov and Fernandes)
Procedure(s):Preliminary objections
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Merits
Procedure(s):Preliminary objections
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Summaries of Judgments and Orders
Press releases
23 December 1955
The Portuguese Republic files an Application instituting proceedings against the Republic of India
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15 March 1956
Right of Passage over Indian Territory (Portugal v. India) - The Court fixes the time-limits for the filing of the first two pleadings
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16 April 1957
Right of Passage over Indian Territory (Portugal v. India) - The Government of India files a Preliminary Objection to the Court's jurisdiction
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21 August 1957
Right of Passage over Indian Territory (Portugal v. India) - The oral proceedings will open on Monday, September 23rd, 1957
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20 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Representatives of the Parties at the oral hearings
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23 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Hearing of September 23rd, 1957
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24 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Hearings of September 24th, 1957
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25 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of September 25th, 1957
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26 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of September 26th, 1957
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27 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of September 27th, 1957
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30 September 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of September 30th, 1957
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1 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of October 1st, 1957
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2 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of October 2nd, 1957
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3 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of October 3rd, 1957
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5 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sitting of October 5th, 1957
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7 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sittings of October 7th, 1957
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8 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Sitting of October 8th, 1957
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10 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Hearing of October 10th, 1957
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11 October 1957
Right of Passage over Indian Territory (Portugal v. India) - Hearings of October 11th, 1957
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21 November 1957
Right of Passage over Indian Territory (Portugal v. India) - The Court will deliver its Judgment on November 26th, 1957
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26 November 1957
Right of Passage over Indian Territory (Portugal v. India) - Judgment
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20 February 1958
Right of Passage over Indian Territory (Portugal v. India) - Extension of the time-limits for the filing of the pleadings
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27 February 1959
Right of Passage over Indian Territory - The Court decides that the case will be heard after the judicial summer vacation
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28 May 1959
Right of Passage over Indian Territory - Beginning of the hearings on Monday, September 21st, 1959
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17 September 1959
Right of Passage over Indian Territory - Representatives of the Parties for the oral procedure in the second phase of the case, beginning on September 21st, 1959
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18 September 1959
Right of Passage over Indian Territory - Definite composition of the Parties' delegations
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21 September 1959
Right of Passage over Indian Territory - Hearing of September 21st 1959
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26 September 1959
Right of Passage over Indian Territory - Hearings of 21 to 26 September 1959
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3 October 1959
Right of Passage over Indian Territory - Hearings of 28 September to 3 October 1959
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7 October 1959
Right of Passage over Indian Territory - Hearings of 5 and 6 October 1959
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10 October 1959
Right of Passage over Indian Territory - Hearings of 9 and 10 October 1959
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17 October 1959
Right of Passage over Indian Territory - Hearings of 12 to 17 October 1959
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21 October 1959
Right of Passage over Indian Territory - Hearings of 19 to 21 October 1959
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24 October 1959
Right of Passage over Indian Territory - Hearing of 24 October 1959
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31 October 1959
Right of Passage over Indian Territory - Hearings of 26 to 31 October 1959
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7 November 1959
Right of Passage over Indian Territory - Hearings of 3 to 6 November 1959
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8 April 1960
Right of Passage over Indian Territory - The Court will read its Judgment on 12 April 1960
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Correspondence
OVERVIEW OF THE CASE
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Orders
Press releases
3 March 1954
Treatment in Hungary of Aircraft and Crew of United States of America (United States of America v. Hungarian People's Republic) - The United States file Applications instituting proceedings against Hungary and the USSR
Available in:
15 July 1954
Treatment in Hungary of Aircraft and Crew of United States of America (United States of America v. Hungarian People's Republic) - The case is removed from the Court's List
Available in:
Correspondence
OVERVIEW OF THE CASE
In 1942 the Government of the United States vested almost all the shares of the General Aniline and Film Corporation (GAF), a company incorporated in the United States, on the ground that those shares, which were owned by Interhandel, a company registered in Basel, belonged in reality to I.G. Farbenindustrie of Frankfurt, or that GAF was in one way or another controlled by the German company. On 1 October 1957, Switzerland applied to the Court for a declaration that the United States was under an obligation to restore the vested assets to Interhandel or, alternatively, that the dispute on the matter between Switzerland and the United States was one fit for submission for judicial settlement, arbitration or conciliation. Two days later Switzerland filed a Request for the indication of provisional measures to the effect that the Court should call upon the United States not to part with the assets in question so long as proceedings were pending before the Court. On 24 October 1957, the Court made an Order noting that, in the light of the information furnished, there appeared to be no need for provisional measures. The United States raised preliminary objections to the Court’s jurisdiction, and in a Judgment delivered on 21 March 1959 the Court found the Swiss application inadmissible, because Interhandel had not exhausted the remedies available to it in the United States courts.
This overview is provided for information only and in no way involves the responsibility of the Court.