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International Court of Justice - Melbourne Manual for International Law Citation ( MMILC )

International Court of Justice

From MMILC

(Redirected from ICJ)
The Melbourne University Law Review Association and the Australian Guide to Legal Citation do not endorse these rules and the rules contained in the MMILC do not in any way modify or change the rules contained in the Australian Guide to Legal Citation

Contents

General Rule

<Case Name> (<Parties’ Names>) (<Phase>) [<Year>] ICJ Rep <Starting page>, <Pinpoint> (‘<Abbreviated Case Name>’).


Case Name

Rule The case name should be in italics as it appears on the first page of the report, except that:
  • introductory articles such as ‘The’ and the words ‘Case’ or ‘Case Concerning’ should be omitted;
  • full stops should not be used in abbreviations
  • capitalisation should adhere to the General Rules concerning capitalisation.
  • Do not abbreviate the names of countries in the case name (eg use ‘United Kingdom’ and ‘United States’ as appears on the title page of the case report). However, you may abbreviate parties' names when including them in parentheses after the case name.
Examples Certain Phosphate Lands in Nauru (Nauru v Australia) (Preliminary Objections) [1992] ICJ Rep 240.

Certain Calcium Deposits in the United Kingdom (UK v France) [2005] ICJ Rep 56.

Parties’ Names

Rule
  • The names of the parties should be italicised and included within parentheses, following the case name. The names may be abbreviated here (eg US and UK).
  • Where there is more than one party on one side, only put the name of the first party (for example, New Zealand v France, NOT New Zealand and Greenpeace v France).
Example Fisheries (UK v Norway) (Merits) [1951] ICJ Rep 116.

Phase

Rule
  • Where applicable, the phase of the action should be italicised and included within parentheses after the parties’ names. Phases include:
  • Jurisdiction
  • Judgment
  • Merits
  • Oral/Written Pleadings of <State>
  • Orders
  • Preliminary Objections
Example Military and Paramilitary Activities in and against Nicaragua (Nicaragua v US) (Merits) [1986] ICJ Rep 14.


For Oral Pleadings, include full date after phase in parentheses:

Armed Activities (Oral Pleadings of Democratic Republic of Congo — Translation) (12 April 2005) [2005] ICJ [35] <http://www.icj-cij.org> at 18 May 2007.

Year, Volume Number and Name of Publication

Rule
  • The year should be included before the name of the publication in square brackets.
  • Where there is more than one volume produced in the year, the volume number should also be included, immediately after the year.
  • The publication of the ICJ is abbreviated to ‘ICJ Rep’. The court also publishes International Court Pleadings, abbreviated to ‘ICJ Pleadings’.
Example Minquiers and Ecrehos (UK v France) (Oral Pleadings of the US) [1953] 2 ICJ Pleadings 84.

Starting Page or Case Number

Rule
  • The first page of the ICJ case should appear after the publication name.
Example North Sea Continental Shelf (West Germany v Denmark) (Merits) [1969] ICJ Rep 3.

Pinpoint

Rule
  • Page numbers are preferred for pinpoint references.
  • Paragraph numbers should only be used where page numbers are not available, such as where the case is only available online.
  • The correct page number is the number at the top of the page, being the higher number, that does not start again.

Recent Cases

Rule
  • Recent cases may not yet be available in hard copy, but may be available on the website.
  • The full URL of the web page with the judgment should NOT be provided. Instead, reference should be made only to http://www.icj-cij.org.

In such cases, the following format should be used:

<Case Name> (<Parties’ Names>) (<Phase>) [<Year>] ICJ [<Paragraph pinpoint>] <URL> at <Full date> (‘<Abbreviated Case Name>’).

Dissenting Judgments

Rule
  • Dissenting judgments reach a conclusion that is different to that of the Court or any separate opinions (see below for an explanation of separate opinions)
  • Where there are numerous dissenting judgments, all are to be cited in one footnote.
  • There is no need to repeat the citation (or internet address).

The following format should be used:

<Case Name> <(Parties’ Names)> <(Phase)> [Year] ICJ Rep <Starting page>, <Pinpoint> (Dissenting Opinion of Judge <Name>); <Pinpoint> (Dissenting Opinion of Judge <Name>).

NOTE:

  • When citing another source after such a citation, it will not be possible to use a semicolon to separate the two citations, as there is already a semicolon in the citation itself.
  • Instead, use a full stop to separate the two citations, and introduce the next citation with an introductory signal such as 'See also…’.

Separate Judgments

Rule
  • Separate judgments are different to dissenting judgments
  • Separate judgments have the same outcome as the decision of the Court, and the judge who wrote it still subscribes to the decision of the Court
  • They are written, for example, where a judge wishes to emphasise something different, or something in particular

Separate judgments should be cited in the following way:

<Case Name> <(Parties' Names)> <(Phase)> [Year] ICJ Rep <Starting page>, <Pinpoint> (Separate Opinion of Judge <Name>).

Advisory Opinions

Rule
  • When citing an advisory opinion, the phrase ‘(Advisory Opinion)’ should be placed where the phase would normally be, immediately after the case name and in place of the parties' names.
Example Competence of General Assembly Regarding Admission to the United Nations (Advisory Opinion) [1950] ICJ Rep 4.

ICJ Rules of Court

Rule

ICJ, Rules of Court art <no> (adopted <full date>).

Example

ICJ, Rules of Court art 80(1) (adopted 14 April 1978).

Location

The International Court of Justice has existed from 1945 until present. A set of the documents is available in hard copy.


The Reports of Judgments, Advisory Opinions and Orders by the International Court of Justice are printed chronologically. Each issue has an index and a table of contents. In the text, the original judgment is printed on the left hand page and the translation is on the right hand page:

  • UniM Law Rep ICJ (1947–2001)


Also available in hard copy is Pleadings, Oral Arguments and Documents by the International Court of Justice :

  • UniM Law Rep ICJ (1947–present)


Note the ICJ Yearbook does not contain full text judgments.


ICJ decisions from 1947 onwards are also available on Westlaw. Westlaw should be used for recent decisions because decisions are available there before publication in paper form. Select the Directory link from the top right of the screen, then click on:

  • International/Worldwide Materials  Multinational Materials  Court & Tribunal Cases  International Court of Justice


Contentious cases and advisory opinions from 1946 are also available in full text on the ICJ website. Follow the link to ‘Decisions of the ICJ’ and select the appropriate year: http://www.icj-cij.org


The Statute of the ICJ is available at: http://www.icj-cij.org/icjwww/ibasicdocuments/ibasictext/ibasicstatute.htm


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