International litigation

Legal assistance paper

All reasonable efforts have been made to ensure the accuracy of this information at the time the advice was produced. However, the materials have been prepared for informational purposes only and may have been superseded by more recent developments. They do not constitute formal legal advice or create a lawyer- client relationship. To the extent permitted any liability is excluded. Those consulting the database may wish to contact LRI for clarifications and an updated analysis.

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Date produced: 12/04/2012

1. What can NGOs do to force the US and others developed countries to change their position in regards to KP?

2. How can the ICJ act ?

1. NGOs can lobby ”developed” country governments to change their position vis-a-vis the KP. In some countries – for example the Netherlands – they may also take legal action on the basis of domestic law, claiming that their government has failed to act as necessary and required. But these legal strategies are at a very early stage and will not lead to any successful cases for a while.

2. The ICJ can only act if a state requests the Court to hear and decide a case. Unfortunately the US is one of those countries that have not accepted the jurisdiction of the Court. Hence, the US would have to agree to any form of dispute settlement by the Court (or other international tribunal). This is unlikely to happen soon.