Agents for the Applicant.

[1] Statute of the International Court of Justice, 26 June 1945, art. 36 [hereinafter I.C.J. Statute].

[2] See I.C.J. Statute, supra note 1 art. 38.

[3] D.J. Harris, Cases and Materials on International Law, 6th ed. (London: Sweet & Maxwell, 2004) at 145 [hereinafter Cases and Materials on International Law].

[4] Donald K. Anton, Penelope Mathew, International Law Cases and Materials (New-York: Oxford University Press, 2005) at 51 [hereinafter International Law Cases and Materials].

[5] Tinoco Arbitration, Aguilar-Amory and Royal Bank of Canada claims (Great Britain v. Costa Rica) 18 October 1923, Reports of international arbitral awards, Vol. 1, at 380.

[6] United Natons Security Counsil, Letter dated 8 March 1950 From the Secretary-General to the President of the Security Counsil Transmitting a Memorandum on the Legal Aspects of the Problem of Representation in the United Nations S/1466 at 6 [hereinafter Legal Aspects of the Problem of Representation in the UN].

[7] Who is a legitimate government in exile? Towards normative criteria for governmental legitimacy in international law, in Guy Goodwin-Gill/Stefan Talmon (eds.), The Reality of International Law. Essays in Honour of Ian Brownlie (Oxford University Press, 1999) at 536 [hereinafter Talmon].

[8] Ibid.

[9] See International Law Cases and Materials, supra note 4 at 47.

[10] See Talmon, supra note 7 at 509.

[11] Compromis at para. 24.

[12] See International Law Cases and Materials, supra note 4 at 50.

[13] See Cases and Materials on International Law, supra note 3 at 156.

[14] Vienna Convention on the Law of Treaties, 23 May 1969, UN Doc. A/Conf. 39/27 entered into force on 27 Jan. 1980, art. 7.

[15] See Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia (Serbia and Montenegro)) Preliminary objections, at para. 44.

[16] Request for Advisory Opinion, Accordance with International Law of the Unilateral Declaration of independence of Kosovo, 22 July 2012, I.C.J. at para. 109.

[17] Recognition by the United Nations of the Representation of a Member State, GA Res 396 (V) 1950.

[18] See Legal Aspects of the Problem of Representation in the UN, supra note 6 at 6.

[19] International Covenant on Civil and Political Rights, 19 December 1966, entered into force 23 March 1976, art. 25.

[20] See Talmon, supra note 7 at 512.

[21] See Talmon, supra note 7 at 521.

[22] Ibid 514.

[23] See Talmon, supra note 7 at 500.

[24] Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States, 9 December 1981 A/RES/36/103 [hereinafter Declaration on the Inadmissibility of Intervention].

[25] Ibid.

[26] Vienna Convention on Diplomatic Relations, done at Vienna on 18 April 1961, entered into force on 24 April 1964. United Nations, Treaty Series, vol. 500, art 43.

[27] Compromis Annex III art. 83.

[28] European Court of Human Rights, Grand Chamber decision of 2 May 2007 as to the admissibility of App. No. 71412/01 Agim Behrami and Bekir Behrami v. France , and App. No. 78166/01 Ruzhdi Saramati v. France, Germany and Norway, at para. 27.

[29] Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations, G.A. Res. 2625(XXV), GAOR, 25th Sess., U.N. Doc. A/8082 (1970) [hereinafter Declaration Concerning Friendly Relations].

[30] Responsibility of States for internationally wrongful acts, A/Res/56/83, 56thSess., 2002, art.1 [hereinafter Responsibility of States].

[31]See International Law Commission, Official Records of the General Assembly, Fifty-third Session, A/56/10 Draft Articles on Responsibility of States for Internationally wrongful acts with commentaries, art. 2 at 34 [hereinafter Responsibility of States Draft Articles].

[32] See Responsibility of States, supra note 30 art.12 .

[33] See Responsibility of States Draft Articles, supra note 31 at 55.

[34] Charter of the United Nations, 26 June 1945, art. 35 [hereinafter UN Charter].

[35] Ibid art. 33.

[36] See UN Charter, supra note 34, art. 39.

[37] Ibid art. 10.

[38] See UN Charter, supra note 34, art. 2(3).

[39] See Declaration Concerning Friendly Relations, supra note 29.

[40] Ibid.

[41] Definition of Aggression United Nations General Assembly Resolution 3314 (XXIX), 14 December 1974, art. 3.

[42] See International Law Cases and Materials, supra note 4 at 50.

[43] Compromis at para. 38.

[44]See Inadmissibility of Intervention, supra note 24.

[45] Military and Paramilitary Activities in and Against Nicaragua (Nicar. v. U.S.), 1986 I.C.J. 14, at § 292.

[46] Compromis Annex I art. 1.

[47] Malcolm N. Shaw, International Law, 5th ed. (Cambridge: Cambridge university press, 2003) at 98.

[48] Statute of the International Court of Justice, 26 June 1945, art. 38(1).

[49] Charter of the United Nations, 26 June 1945, art. 2.

[50] Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations, G.A. Res. 2625(XXV), GAOR, 25th Sess., U.N. Doc. A/8082 (1970).

[51] Ian Brownlie, Principles of Public International Law, 6^th ed. (New York: Oxford University Press, 2003) at 321 [hereinafter Principles of Public International Law].

[52] Malcolm N. Shaw, International Law, 6th ed. (New-York: Cambridge university press, 2008) at 699.

[53] Ibid.

[54] See Case Concerning Jurisdictional Immunities of the State (Germany v. Italy), 2010, I.C.J.

at 1.

[55] See Case Concerning Jurisdictional Immunities of the State (Germany v. Italy), I.C.J., Memorial of The Federal Republic of Germany, 12 June 2009, at para.132.

[56] Vienna Convention on the Law of Treaties, 23 May 1969, UN Doc. A/Conf. 39/27 entered into force on 27 Jan. 1980, art. 53.

[57] Judgment of the Italian Court of Cassation, Ferrini v. Germany case, № 5044/4, 11 March 2004.

[58] Michele Potesta, “State Immunity and Jus Cogens Violations: The Alien Tort Statute Against the Backdrop of the Latest Developments in the Law of Nations” (2010) 28.2 BJIL 582.

[59] Areopag, Prefecture of Voiotia v. Federal Republic of Germany, Case No. 11/2000, Judgment of 4 May 2000.

[60] See Case Concerning Armed Activities on the Territory of Congo (Congo v. Rwanda) (2006) I.C.J. at para. 65.

[61] European Court of Human Rights, Judgment, 21 November 2001, Al-Adsani v. the United Kingdom.

[62] European Court of Human Rights, Decision on Admissibility of Dec. 12, 2002, Kalogeropoulou v. Greece & Germany, App. No. 59021/00.

[63] Kerstin Bartsch & Björn Elberling, “Jus Cogens vs. State Immunity, Round Two: The Decision of the European Court of Human Rights in the Kalogeropoulouet al. v. Greece and Germany Decision” (2003) 04 GLJ 478.

[64] Jones v. Ministry of Interior of the Kingdom of Saudi Arabia, [2006] UKHL 26.

[65] See Case Concerning the Arrest Warrant (Congo v. Belgium), 2002, I.C.J.

[66] See Principles of Public International Law, supra note 51 at 325.

[67] The Supreme Court of Canada, Schreiber v. Canada (Attorney General), 12 September 2002, at para.17.

[68] U.N. Charter, supra note 49, art. 2 (2).

[69] Malcolm N. Shaw, International Law, 6th ed. (Cambridge: Cambridge university press, 2008) at 98.

[70] Nuclear test cases (New Zealand v. France), I.C.J., 20 December 1974, at para.49.

[71] Ibid.

[72] U.N. Charter, supra note 49, art. 2(4).

[73] Ibid art. 2(3).

[74] Definition of Aggression United Nations General Assembly Resolution 3314 (XXIX), 14 December 1974.

[75] Geneva Convention (I) for the Amelioration of the Condition of the Wounded in Armies in the field, 1949, art. 1; Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea,1949, art.1;GenevaConvention (III) relative to the Treatment of Prisoners of War, 1949, art.1;Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War, 1949, art.1.

[76] Geneva Convention (I) for the Amelioration of the Condition of the Wounded in Armies in the field, 1949, art. 2.

[77] Francois Bugnion, “Just wars, wars of aggression and international humanitarian law” (2002) 84 IRRC at 21.

[78] Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention, 14 May 1954, entered into force on 7 August 1956 [hereinafter Convention for the Protection of Cultural Property].

[79] Protocol (I) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, 1977, art.53; Protocol (II) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts,1977, art.16.

[80] Francois Bugnion, “The Origins and Development of the Legal Protection of Cultural Property in the Event of Armed Conflict: 50th Anniversary of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict”, (14 November 2004), online: The International Committee of Red Cross < www.icrc.org >.

[81] Convention for the Protection of Cultural Property, supra note 78 preamble.

[82] Patty Gerstenblith, From Bamiyan to Baghdad: Warfare and the Preservation of Cultural Heritage at the Beginning of the 21st Century (2006) 37 Geo. J. Int'l L. 245 (LexisNexis) [hereinafter From Bamiyan to Baghdad].

[83] Convention for the Protection of Cultural Property, supra note 78 art. 4(2).

[84] Jean-Marie Henckaerts, “Study on Customary International Humanitarian law: A Contribution to the Understanding and Respect for the rule of law in armed conflict” (2005) 87 IRRC at 201.

[85] ICRC, Commentary to the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflict (Protocol I), 8 June 1977, paragraph 1396.

[86] ICTY, Prosecutor v. Pavle Strugar, Trial Judgment, IT-01-42-T, para.227, 31 January 2005.

[87] The Hague Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907, entered into force on 26 Jan. 1910, art. 27.

[88] See From Bamiyan to Baghdad, supra note 82.

[89] See Prosecutor v. Pavle Strugar, Supra note 86, para. 221.

[90] Jan Hladic, “The 1954 Hague Convention fort he Protection of Cultural Property in the Event of Armed Conflict and the Notion of Military Necessity” [30 September 1999] №835 IRRC.

Date: 2015-12-17; view: 749