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By Constantine Antonopoulos

Counterclaims, the best of a nation sued by means of one other kingdom to convey its personal counter-suit throughout the similar trial, might provide a chance to mitigate the consequences of the unique go well with and support to unravel disputes among States that experience multiple element. in recent times, counterclaims were usually provided on the foreign courtroom of Justice (ICJ).

This booklet examines the counterclaims provided on the ICJ and at its predecessor, the everlasting courtroom of overseas Justice (PCIJ), in the course of its sixty five years of life. it's the first examine that focuses solely near to counterclaims. It analyses the evolution of the germane provisions within the PCIJ and ICJ ideas of method and the perform of the court docket, in particular in mild of the proper case-law of the ICJ.

This publication is an invaluable resource of data for teachers and practitioners in overseas legislations and offers a pretty good foundation for additional research.

Dr. Constantine Antonopoulos is an Assistant Professor of overseas legislation within the Democritus collage of Thrace, Greece.

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Extra info for Counterclaims before the International Court of Justice

Example text

At the same time, this priority is maintained, though counterbalanced, by the expressly conferred right to the respondent (again, principally Iran) to make counter-claims because the latter to a large extent depends on the original claim in relation to its admissibility and substantive content. By contrast, in the context of official inter-State claims the situation is more straightforward: a right to bring counter-claims need not be expressly conferred for it is premised on a general principle of law.

96 Aldrich 1996, 116. 97 Aldrich 1996, 116–118. 28 2 The Concept of Counterclaims in International Litigation (h) The Tribunal does not have jurisdiction over counter-claims by or against non-Parties. 98 (i) A contractual prohibition of counter-claims does not affect the jurisdiction of the Tribunal. 99 (j) The jurisdiction of the Tribunal is not affected by the fact that claims are indirect100 A further aspect of the Tribunals contribution to the jurisprudence on counterclaims concerns the consideration of the issue of bringing counter-claims against counter-claims, in other words of a principal claimant’s counter-counterclaims against a respondent’s counter-claims.

84 The Tribunal has dealt with counter-claims in its voluminous jurisprudence concerning claims by private parties against, principally, Iran. George Aldrich, former Judge and President of the Tribunal, has formulated a number of principles that have crystallized as a result of this jurisprudence85: (a) Jurisdiction over counter-claims depends on jurisdiction over the original claims. In Reliance Group Inc. v. National Iranian Oil Company et al. the Tribunal dismissed the Applicant’s claim for lack of jurisdiction because it was not satisfied that it constituted a claim by a US national.

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