Contentious
OVERVIEW OF THE CASE
The Swedish authorities had placed an infant of Netherlands nationality residing in Sweden under the régime of protective upbringing instituted by Swedish law for the protection of children and young persons. The father of the child, jointly with the deputy-guardian appointed by a Netherlands court, appealed against the action of the Swedish authorities. The measure of protective upbringing was, however, maintained. The Netherlands claimed that the decisions which instituted and maintained the protective upbringing were not in conformity with Sweden’s obligations under the Hague Convention of 1902 governing the guardianship of infants, the provisions of which were based on the principle that the national law of the infant was applicable. In its Judgment of 28 November 1958, the Court held that the 1902 Convention did not include within its scope the matter of the protection of children as understood by the Swedish law on the protection of children and young persons and that the Convention could not have given rise to obligations in a field outside the matter with which it was concerned. Accordingly, the Court did not, in this case, find any failure to observe the Convention on the part of Sweden.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
29 November 1957
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29 March 1958
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25 August 1958
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Oral proceedings
Minutes of the Public Sittings held at the Peace Palace, The Hague, from September 25th to October 4th and on November 28th, 1958, the President, M. Klaestad, presiding
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Orders
Judgments
(including the text of the declarations of Judges Kojevnikov, Spiropoulos et Zafrulla Khan)
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Summaries of Judgments and Orders
Press releases
10 July 1957
The Government of the Kingdom of the Netherlands files an Application instituting proceedings against the Government of the Kingdom of Sweden
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21 August 1957
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - The Court fixes the date of expiry of the time-limits for the filing of the first two pleadings
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27 August 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - The hearings will begin on September 25th, 1958
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24 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Representatives of the Parties at the hearings
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25 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Hearing of September 25th, 1958
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26 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Sittings of September 26th, 1958
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29 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Hearing of September 29th, 1958
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30 September 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Sittings of September 30th, 1958
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1 October 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Sitting of October 1st, 1958
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3 October 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Hearings of October 3rd, 1958
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4 October 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Hearing of October 4th, 1958
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24 November 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - The Court will read its Judgment on Friday, November 28th, 1958
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28 November 1958
Application of the Convention of 1902 Governing the Guardianship of infants (Netherlands v. Sweden) - Judgment
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Correspondence
OVERVIEW OF THE CASE
Certain Norwegian loans had been floated in France between 1885 and 1909. The bonds securing them stated the amount of the obligation in gold, or in currency convertible into gold, as well as in various national currencies. From the time when Norway suspended the convertibility of its currency into gold — on several occasions after 1914 — the loans had been serviced in Norwegian kroner. The French Government, espousing the cause of the French bondholders, filed an Application requesting the Court to declare that the debt should be discharged by payment of the gold value of the coupons of the bonds on the date of payment and of the gold value of the redeemed bonds on the date of repayment. The Norwegian Government raised a number of preliminary objections to the jurisdiction of the Court and, in the Judgment it delivered on 6 July 1957, the Court found that it was without jurisdiction to adjudicate on the dispute. Indeed, the Court held that, since its jurisdiction depended upon the two unilateral declarations made by the Parties, jurisdiction was conferred upon the Court only to the extent to which those declarations coincided in conferring it. The Norwegian Government, which had considered the dispute to fall entirely within its national jurisdiction, was therefore entitled, by virtue of the condition of reciprocity, to invoke in its own favour, and under the same conditions, the reservation contained in the French declaration which excluded from the jurisdiction of the Court differences relating to matters which were “essentially within the national jurisdiction as understood by the Government of the French Republic”.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
20 December 1955
Procedure(s):Preliminary objections
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20 April 1956
Procedure(s):Preliminary objections
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31 August 1956
Procedure(s):Preliminary objections
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20 December 1956
Procedure(s):Preliminary objections
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20 February 1957
Procedure(s):Preliminary objections
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25 April 1957
Procedure(s):Preliminary objections
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Oral proceedings
Minutes of the Public Sittings held at the Peace Palace, The Hague, from May 13th to 28th and on July 6th, 1957, the President, Mr. Hackworth, presiding
Procedure(s):Preliminary objections
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Other documents
11 May 1957
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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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Joinder of Objections to the merits, fixing of time-limits: Counter-Memorial, Reply and Rejoinder
Procedure(s):Preliminary objections
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Judgments
Procedure(s):Preliminary objections
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Summaries of Judgments and Orders
Press releases
8 July 1955
The Government of the French Republic files an Application against the Government of the Government of the Kingdom of Norway
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24 September 1955
Certain Norwegian Loans (France v. Norway) - Time-limits for the filing of the Memorial and the Counter-Memorial
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31 May 1956
Certain Norwegian Loans (France v. Norway) - The Court decides to postpone the examination of the case at the request of the Norwegian Government
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28 September 1956
Certain Norwegian Loans (France v. Norway) - The Court joins to the merits the preliminary objections raised by the Government of Norway and fixes the time-limits for the filing of the further pleadings
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8 May 1957
Certain Norwegian Loans (France v. Norway) - Representatives of the Parties at the oral hearings which will begin on May 13th, 1957
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13 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 13th, 1957
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14 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 14th, 1957
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15 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 15th, 1957
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17 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 17th, 1957
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20 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 20th, 1957
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21 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 21st, 1957
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22 May 1957
Certain Norwegian Loans (France v. Norway) - Sittings of May 22th, 1957
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23 May 1957
Certain Norwegian Loans (France v. Norway) - Sitting of May 23rd, 1957
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24 May 1957
Certain Norwegian Loans (France v. Norway) - Sitting of May 24th, 1957
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27 May 1957
Certain Norwegian Loans (France v. Norway) - Sitting of May 25th, 1957
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28 May 1957
Certain Norwegian Loans (France v. Norway) - Sitting of May 28th, 1957
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3 July 1957
Certain Norwegian Loans (France v. Norway) - The Court will read its Judgment on Saturday, July 6th, 1957
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6 July 1957
Certain Norwegian Loans (France v. Norway) - 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 4 September 1954 (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
6 June 1955
The Government of the United States of America files an Application against the Union of Soviet Socialist Republics
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15 March 1956
Aerial Incident of 7 October 1952 - The case is removed from the Court's List
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Correspondence
OVERVIEW OF THE CASE
On 4 May 1955, the United Kingdom instituted proceedings before the Court against Argentina and Chile concerning disputes as to the sovereignty over certain lands and islands in the Antarctic. In its Applications to the Court, the United Kingdom stated that it submitted to the Court’s jurisdiction for the purposes of the case, and although, as far as it was aware, Argentina and Chile had not yet accepted the Court’s jurisdiction, they were legally qualified to do so. Moreover, the United Kingdom relied on Article 36, paragraph 1, of the Court’s Statute. In a letter of 15 July 1955, Chile informed the Court that in its view the Application was unfounded and that it was not open to the Court to exercise jurisdiction. In a Note of 1 August 1955, Argentina informed the Court of its refusal to accept the Court’s jurisdiction to deal with the case. In these circumstances, the Court found that neither Chile nor Argentina had accepted its jurisdiction to deal with the cases, and, on 16 March 1956, Orders were made removing 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
6 May 1955
Antarctica (United Kingdom v. Chile) - The United Kingdom of Great Britain files Applications against Argentina and Chile
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17 March 1956
Antarctica (United Kingdom v. Chile) - The case is removed from the Court's List
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Correspondence
OVERVIEW OF THE CASE
On 4 May 1955, the United Kingdom instituted proceedings before the Court against Argentina and Chile concerning disputes as to the sovereignty over certain lands and islands in the Antarctic. In its Applications to the Court, the United Kingdom stated that it submitted to the Court’s jurisdiction for the purposes of the case, and although, as far as it was aware, Argentina and Chile had not yet accepted the Court’s jurisdiction, they were legally qualified to do so. Moreover, the United Kingdom relied on Article 36, paragraph 1, of the Court’s Statute. In a letter of 15 July 1955, Chile informed the Court that in its view the Application was unfounded and that it was not open to the Court to exercise jurisdiction. In a Note of 1 August 1955, Argentina informed the Court of its refusal to accept the Court’s jurisdiction to deal with the case. In these circumstances, the Court found that neither Chile nor Argentina had accepted its jurisdiction to deal with the cases, and, on 16 March 1956, Orders were made removing 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
6 May 1955
Antarctica (United Kingdom v. Argentina) - The United Kingdom of Great Britain files Applications against Argentina and Chile
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17 March 1956
Antarctica (United Kingdom v. Argentina) - The case is removed from the Court's List
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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 7 October 1952 (United States of America v. Union of Soviet Socialist Republics); Aerial Incident of 4 September 1954 (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
30 March 1955
The United States file an Application instituting proceedings against Czechoslovakia
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15 March 1956
Aerial incident of 10 March 1953 (United States of America v. Czechoslovakia) - The case is removed from the Court's List
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Correspondence
OVERVIEW OF THE CASE
This case arose out of certain measures taken by the Lebanese Government which a French company regarded as contrary to undertakings that that Government had given in 1948 as part of an agreement with France. The French Government referred the dispute to the Court, but the Lebanese Government and the company entered into an agreement for the settlement of the dispute and the case was removed from the List by an Order of 29 July 1954.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
19 January 1953
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Orders
Press releases
30 July 1954
«Electricité de Beyrouth» Company (France v. Lebanon) - The case is removed from the Court's List
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Correspondence
OVERVIEW OF THE CASE
In 1933 an oil concession agreement was concluded between the Government of Iran and the Anglo-Iranian Oil Company. In 1951, laws were passed in Iran for the nationalization of the oil industry. These laws resulted in a dispute between Iran and the company. The United Kingdom took up the company’s case and instituted proceedings before the Court. Iran disputed the Court’s jurisdiction. In its Judgment of 22 July 1952, the Court decided that it had no jurisdiction to deal with the dispute. Its jurisdiction depended on the declarations by Iran and the United Kingdom accepting the Court’s compulsory jurisdiction under Article 36, paragraph 2, of the Court’s Statute. The Court held that the declaration by Iran, which was ratified in 1932, covered only disputes based on treaties concluded by Iran after that date, whereas the claim of the United Kingdom was directly or indirectly based on treaties concluded prior to 1932. The Court also rejected the view that the agreement of 1933 was both a concessionary contract between Iran and the company and an international treaty between Iran and the United Kingdom, since the United Kingdom was not a party to the contract. The position was not altered by the fact that the concessionary contract was negotiated through the good offices of the Council of the League of Nations. By an Order of 5 July 1951, the Court had indicated interim measures of protection, that is, provisional measures for protecting the rights alleged by either party, in proceedings already instituted, until a final judgment was given. In its Judgment, the Court declared that the Order had ceased to be operative.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
22 June 1951
Procedure(s):Provisional measures
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10 October 1951
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4 February 1952
Procedure(s):Preliminary objections
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24 March 1952
Procedure(s):Preliminary objections
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Oral proceedings
Minutes of the Public Sittings held at the Peace Palace, The Hague, on June 30th and July 5th, 1951, the President, M. Basdevant, presiding
Procedure(s):Provisional measures
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Minutes of the Public sittings held at the Peace Palace, from June 9th to 23rd and July 22rd, 1952, the Vice-President, Mr Guerrero, acting as President
Procedure(s):Preliminary objections
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Other documents
Orders
Request for the indication of interim measures of protection
Procedure(s):Provisional measures
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Fixing of time-limit: Written Statement of observations and submissions on preliminary objection
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Judgments
Preliminary Objection
Procedure(s):Preliminary objections
Available in:
Summaries of Judgments and Orders
Press releases
28 May 1951
Anglo-Iranian Oil Co. (United Kingdom v. Iran) - Filing, by the United Kingdom, of an Application instituting proceedings against Iran
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25 June 1951
Anglo-Iranian Oil Co. (United Kingdom v. Iran) - The Court will hold a public hearings on 30 June 1951
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27 August 1951
Anglo-Iranian Oil Co. (United Kingdom v. Iran) - Order extending the time-limits for the filing of the Memorial of the United Kingdom and the Counter-Memorial of Iran
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8 December 1951
Anglo Iranian Oil Co. (United Kingdom v. Iran) - Iran appoints H.E. Hossein Navab as Agent (Bilingual version)
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1 February 1952
Anglo Iranian Oil Co. (United Kingdom v. Iran) - The Government of Iran files a document entitled "Preliminary observations: refusal by the Imperial Government to recognize the jurisdiction of the Court"
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28 March 1952
Anglo Iranian Oil Co. (United Kingdom v. Iran) - The hearings will begin on Tuesday, May 6th, at 11 o'clock
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8 April 1952
Anglo Iranian Oil Co. (United Kingdom v. Iran) - The date of the opening of the hearings is postponed
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21 May 1952
Anglo Iranian Oil Co. (United Kingdom v. Iran) - The opening of oral proceedings has been fixed for Monday, June 9th, 1952
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6 June 1952
Anglo Iranian Oil Co. (United Kingdom v. Iran) - Delegations of the Parties for the oral hearings
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19 July 1952
Anglo Iranian Oil Co. (United Kingdom v. Iran) - The Judgment will be read on 22nd July, 1952, at 5 p.m.
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22 July 1952
Anglo-Iranian Oil Co. (United Kingdom v. Iran) - Judgment
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Correspondence
OVERVIEW OF THE CASE
In 1919, Nicolas Ambatielos, a Greek shipowner, entered into a contract for the purchase of ships with the Government of the United Kingdom. He claimed he had suffered damage through the failure of that Government to carry out the terms of the contract and as a result of certain judgments given against him by the English courts in circumstances said to involve the violation of international law. The Greek Government took up the case of its national and claimed that the United Kingdom was under a duty to submit the dispute to arbitration in accordance with Treaties between the United Kingdom and Greece of 1886 and 1926. The United Kingdom objected to the Court’s jurisdiction. In a Judgment of 1 July 1952, the Court held that it had jurisdiction to decide whether the United Kingdom was under a duty to submit the dispute to arbitration but, on the other hand, that it had no jurisdiction to deal with the merits of the Ambatielos claim. In a further Judgment of 19 May 1953, the Court decided that the dispute was one which the United Kingdom was under a duty to submit to arbitration in accordance with the Treaties of 1886 and 1926.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Written proceedings
30 August 1951
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4 February 1952
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4 February 1952
Procedure(s):Preliminary objections
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4 April 1952
Procedure(s):Preliminary objections
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3 January 1953
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Oral proceedings
Minutes of the Public Sittings held at the Peace Palace, The Hague, on May 15th to 17th, and July 1st 1952, the Vice-President, M. Guerrero, acting President, presiding
Procedure(s):Preliminary objections
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Minutes of the Public Sittings held at the Peace Palace, The Hague, from March 23th to 30th and on May 19th, 1953, the Vice-President, M. Guerrero, acting as President
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Other documents
14 May 1952
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21 May 1952
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28 March 1953
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Orders
Fixing of time-limit: Written Statement of observations and submissions on Preliminary objection
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Judgments
Preliminary Objection (including the text of the declaration of Judge Alvarez)
Procedure(s):Preliminary objections
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Merits: obligation to arbitrate
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Summaries of Judgments and Orders
Press releases
13 April 1951
Ambatielos (Greece v. United Kingdom) - Greece files an Application instituting proceedings against the United Kingdom
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10 April 1952
Ambatielos (Greece v. United Kingdom) - The opening of oral proceedings has been fixed for May 15th, 1952
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12 May 1952
Ambatielos (Greece v. United Kingdom) - Representatives of the two Governments at the oral proceedings
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15 May 1952
Ambatielos (Greece v. United Kingdom) - Sitting of May 15th, 1952
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16 May 1952
Ambatielos (Greece v. United Kingdom) - Sitting of May 16th, 1952
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17 May 1952
Ambatielos (Greece v. United Kingdom) - Sitting of May 17th, 1952
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26 June 1952
Ambatielos (Greece v. United Kingdom) - The Court will pronounce its Judgment on Tuesday, July 1st
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17 March 1953
Ambatielos (Greece v. United Kingdom) - Representatives of the two Governments for the oral proceedings
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23 March 1953
Ambatielos (Greece v. United Kingdom) - Hearing of March 23rd, 1953
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24 March 1953
Ambatielos (Greece v. United Kingdom) - Hearing of March 24th, 1953
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25 March 1953
Ambatielos (Greece v. United Kingdom) - Sittings of March 25th, 1953
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26 March 1953
Ambatielos (Greece v. United Kingdom) - Sitting of March 26th, 1953
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27 March 1953
Ambatielos (Greece v. United Kingdom) - Hearing of March 27th, 1953
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28 March 1953
Ambatielos (Greece v. United Kingdom) - Hearings of March 28th, 1953
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30 March 1953
Ambatielos (Greece v. United Kingdom) - Sittings of March 30th, 1953
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13 May 1953
Ambatielos (Greece v. United Kingdom) - The Court will pronounce its Judgment on Tuesday, May 19th, 1953
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Correspondence
OVERVIEW OF THE CASE
On the very day on which the Court delivered the Judgment on the Asylum case, Colombia filed a Request for interpretation, seeking a reply to the question of whether the Judgment implied an obligation to surrender the refugee to the Peruvian authorities. In a Judgment delivered on 27 November 1950, the Court declared the request inadmissible.
This overview is provided for information only and in no way involves the responsibility of the Court.