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

See all articles by Jörg Kammerhofer

Jörg Kammerhofer

University of Freiburg - Faculty of Law

Date Written: December 6, 2004

Abstract

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

Suggested Citation

Kammerhofer, Jörg, Oil's Well that Ends Well? Critical Comments on the Merits Judgement in the Oil Platforms Case (December 6, 2004). Leiden Journal of International Law, Vol. 17, pp. 695-718, 2004. Available at SSRN: https://ssrn.com/abstract=1551751

Jörg Kammerhofer (Contact Author)

University of Freiburg - Faculty of Law ( email )

D-79098 Freiburg
Germany

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