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General obligation to settle dispute by peaceful means does not entail specific obligation to negotiate
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Legitimate expectations do not form part of general international law
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ICJ reaffirmed ‘strict’ notion of estoppel and rejected Bolivia’s argument due to lack of detrimental reliance by the state
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No acquiescence in relation to statements by Bolivia that did not require reaction by Chile
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Chilean letters and declarations express willingness to enter into negotiations, but do not contain a unilateral undertaking
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Court saw no intention to create obligation to negotiate in bilateral exchanges between Chile and Bolivia
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Existence of obligation to negotiate should emerge from objective elements
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Obligation to negotiate does not imply obligation to reach an agreement
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ICJ finds that subject-matter of the dispute is not covered by Pact of Bogotá’s exclusion clause
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Background: Bolivia took Chile to the ICJ, seeking renegotiation of sovereign access to Pacific Ocean
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Court issues additional provisional measures
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Court relies on previous decision that it has prima facie jurisdiction and there are plausible rights being claimed by South Africa, and it sees clear evidence of risk of irreparable harm to Palestinians
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Court finds further deterioration of conditions in Gaza Strip
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Court has power to order modification of previous provisional measure when there is a change in circumstances, but only if provisional measures test is independently met
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Background: Worsening conditions in Gaza Strip give rise to request for additional provisional measures
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Court finds no connection ratione materiae between Ukraine’s second set of claims and Genocide Convention, adding that good faith cannot ground court’s jurisdiction
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Textual differences do not bar admissibility of amended claims if connection with original claim is preserved
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ICJ sees no abuse of process that would warrant rejection of claims at preliminary stage
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Vice-President Gevorgian holds that Ukraine’s submission turns Genocide Convention on its head
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Ukraine has legal interest to ascertain that it did not breach Genocide Convention, in context of armed conflict
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Court dismisses objection of potential pre-emptive effect of declaratory judgment as hypothetical
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Factual enquiries constitute integral part of court’s judicial functions
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Judges see no inconsistency between Ukraine’s request and previous ICJ cases
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Article IX of the Genocide Convention provides sufficient basis for declaration of compliance
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