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In a recent cartoon from the New Yorker, a lawyer is seen standing before a judge, his arms stretched, making him a passionate request: “Can we, just for a moment, Your Honor, ignore the facts?”1 This cartoon brilliantly encapsulates the centrifugal force of legal argumentation, which at times causes otherwise consummate professionals to lose touch with the facts in which disputes should be firmly rooted. Admittedly, this article attempts a similar exercise, but deliberately. Its purpose is to analyse the technicalities of an objection raised in a recent proceeding before the International Court of Justice (ICJ), as if the facts

cambridge journal of international and comparative law

The Invocation of the Exception of Non-Performance, A Case-Study on the Role and Application of General Principles of International Law of Contractual Origin