s o u r c e s
111
v.
Nigeria
case that ‘the real question is whether, in this case, there is cause
not to follow the reasoning and conclusion of earlier cases’.
180
In addition to the Permanent Court and the International Court of
Justice, the phrase ‘judicial decisions’ also encompasses international ar-
bitral awards and the rulings of national courts. There have been many
international arbitral tribunals, such as the Permanent Court of Arbitra-
tion created by the Hague Conferences of 1899 and 1907 and the various
mixed-claims tribunals, including the Iran–US Claims Tribunal, and, al-
though they differ from the international courts in some ways, many of
their decisions have been extremely significant in the development of
international law. This can be seen in the existence and number of the Re-
ports of International Arbitral Awards published since 1948 by the United
Nations.
One leading example is the
Alabama Claims
arbitration,
181
which
marked the opening of a new era in the peaceful settlement of inter-
national disputes, in which increasing use was made of judicial and ar-
bitration methods in resolving conflicts. This case involved a vessel built
on Merseyside to the specifications of the Confederate States, which suc-
ceeded in capturing some seventy Federal ships during the American
Civil War. The United States sought compensation after the war for the
depredations of the
Alabama
and other ships and this was accepted by the
Tribunal. Britain had infringed the rules of neutrality and was accordingly
obliged to pay damages to the United States. Another illustration of the
impact of arbitral awards is the
Island of Palmas
case
182
which has proved
of immense significance to the subject of territorial sovereignty and will
be discussed in chapter 10. In addition, the growing significance of the
case-law of the International Criminal Tribunal for the Former Yugoslavia
and the International Criminal Tribunal for Rwanda needs to be noted. As
a consequence, it is not rare for international courts of one type or another
to cite each other’s decisions, sometimes as support
183
and sometimes to
disagree.
184
180
ICJ Reports, 1998, pp. 275, 292.
181
J. B. Moore,
International Arbitrations
, New York, 1898, vol. I, p. 653.
182
2 RIAA, p. 829; 4 AD, p. 3. See also the
Beagle Channel
award, HMSO, 1977; 52 ILR,
p. 93, and the
Anglo-French Continental Shelf
case, Cmnd 7438, 1978; 54 ILR, p. 6.
183
See e.g. the references in the
Saiga (No. 2)
case, International Tribunal for the Law of the
Sea, judgment of 1 July 1999, paras. 133–4; 120 ILR, p. 143, to the
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