Oil's Well that Ends Well? Critical Comments on the Merits Judgement in the Oil Platforms Case
Leiden Journal of International Law, Vol. 17, pp. 695-718, 2004
24 Pages Posted: 13 Feb 2010 Last revised: 19 Sep 2010
Date Written: December 6, 2004
The recent judgement on the merits in the Oil Platforms case has brought a long-standing dispute before the International Court of Justice to a close. This article critically analyzes some of the most interesting topics raised in this judgement, not least the fact that it was harshly criticized by a very high number of judges in their individual opinions. The issues discussed - such as the role of self-defence law within the confines of an 'FCN treaty’ or the notion of 'freedom of commerce' - merely point to higher-level problems of a theoretical nature which cause our confusion as to substantive law.
Keywords: exceptions, FCN treaties, International Court of Justice, Oil Platforms case, self-defence
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