THE ICJ'S FIRST JUDGMENT:
A LANDMARK FOR INTERNATIONAL LAW
The Continued Relevance of the Corfu
Channel Case 60 Years On

WORKSHOP
29 October 2009
The Australian National University
Canberra Australia

HMS Saumarez & The Corfu Channel

Sixty years ago, the International Court of Justice handed down its first judgment in the Corfu Channel Case. Many of the issues dealt with by the Court in 1949 remain central questions of international law today, including: due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions both in the literature and in international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism or piracy. In short, it was and remains a thoroughly modern decision—a landmark for international law; and one which today needs to be revisited.
 		 
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     VENUE
       Moot Court, ANU College of Law, Building 5, Fellows Road, ANU  
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PROGRAM
 29 October   Finkel Theatre
 8.30–9.00am   REGISTRATION
 9.00–9.15am    INTRODUCTION
 

Dr Sarah Heathcote, ANU College of Law
Prof Theodore Christakis, University of Grenoble

SESSION 1     PROCEDURAL & EVIDENTIAL ISSUES BEFORE THE WORLD COURT
Chair:  Prof Kim Rubenstein, Director, Centre for International & Public Law, ANU College of Law
 9.15–9.30am   The Basis of the Court's Jurisdiction - forum prorogatum?
Mr Henry Burmester AO QC, Chief General Counsel, Australian Government Solicitor
  9.30–9.45am   The ICJ and Standards of Proof
 Ms Katherine Del Mar, Law Faculty, University of Geneva
 9.45–10.15am  

Debate
     
 10.15–10.45am   Morning tea
     
 SESSION 2   LAW OF THE SEA
Chair: Prof Don Rothwell, ANU College of Law
 10.45–11.00am  

International Straits: Still a Matter of Contention?
Prof Stuart Kaye, University of Melbourne Law School

11.00–11.15am  

What Constitutes Innocent Passage?
Dr J-P Fonteyne, ANU College of Law
 11.15–11.30am  

Dangerous Waters and International Law
Captain Rob McLaughlin, Royal Australian Navy
 11.30am–12.00pm  

Debate
     
 12.00–2.00pm   Lunch
     
 SESSION 3   FUNDAMENTAL RULES OF INTERNATIONAL LAW
Chair: Prof Simon Bronitt, ANU College of Law & Director, National Europe Centre, ANU
 2.00–2.15pm   State Omissions and Due Diligence
Dr Sarah Heathcote, ANU College of Law
 2.15–2.30pm  

The Court's Decision as a Precursor to International Environmental Law?
Prof Theodore Christakis on behalf of A/Prof Karine Bannelier, Institut d'Études Politiques, Grenoble
 2.30–2.45pm  

Intervention and Self-help
Prof Theodore Christakis, University of Grenoble
 2.45–3.00pm  

Elementary Considerations of Humanity
 Mr Matthew Zagor, ANU College of Law
 3.00–3.15pm  

The Court’s Decision (or lack of it) on the Sources of International Law
Professor Akiho Shibata, Kobe University
 3.15–3.45pm   Debate
     
 3.45–4.00pm    Afternoon tea
     
 4.00–4.30pm   CONCLUSIONS
 

Prof Hilary Charlesworth AM, ANU College of Law and Director, Centre for International Governance & Justice, ANU


hosted by The Australian National University's
• ANU COLLEGE OF LAW
• CENTRE FOR INTERNATIONAL & PUBLIC LAW
• NATIONAL EUROPE CENTRE


with sponsorship from the
• EMBASSY OF FRANCE IN AUSTRALIA