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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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Minority of judges would have joined preliminary objections to the merits
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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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Provisional Measures have binding effect independent from violations on merits
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Court assesses several other violations of CERD, but fails to find any breaches
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Court finds that measures relating to education constitute a breach of CERD
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Racial discrimination requires differentiation in treatment of a protected group; court fails to find any discrimination in alleged killings and investigations
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Adjudication of claims under CERD requires pattern of discriminatory conduct; court provides assessment of probative value of evidence
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Court fails to find any other violations of ICSFT
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Court finds that Russia failed to conduct proper investigation of allegations of terrorism financing raised by Ukraine
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Court finds that Russia did not violate its obligation to identify and seize or freeze assets used for terrorism financing
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