Vanuatu Takes France to the ICJ Over a Pacific Maritime Boundary
On 1 September 2026, Vanuatu instituted proceedings against France at the International Court of Justice, seeking a ruling on sovereignty over the uninhabited Matthew (Umaenupne) and Hunter (Umaeneg/Leka) Islands and on the maritime boundary between Vanuatu and the French territory of New Caledonia. The islands themselves are small and volcanic, but the exclusive economic zone attached to them carries fishing and seabed mineral rights that both parties have long treated as consequential.
The filing is also a case study in how these disputes actually reach adjudication. France withdrew its acceptance of the Court's compulsory jurisdiction in 1974 and has only consented to individual cases since, so Vanuatu has invoked forum prorogatum under Article 38(5) of the Rules of Court — a mechanism that lets a state file suit against another that has not accepted the Court's jurisdiction in advance. The case proceeds only if, and once, France agrees to appear.
For practitioners and law libraries tracking public international law, the filing lands alongside two new CLNZ Books titles worth the same shelf. Humanitarian Assistance in International Law, newly published by Oxford University Press, examines a related trend from a different angle — how often questions of state conduct under international law, including humanitarian access, now reach the ICJ rather than being resolved through diplomacy alone. Judicial Discretion in the Interpretation of International Crimes, from Hart Publishing, turns the same underlying question — how far international courts and tribunals may go in interpreting the law they apply — onto international criminal law.
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Q&A
What is Vanuatu asking the ICJ to decide?
Vanuatu is asking the Court to rule on sovereignty over the Matthew and Hunter Islands and to delimit the maritime boundary, including the exclusive economic zone, between Vanuatu and France's territory of New Caledonia.
Why does France's consent matter for the case to proceed?
France withdrew its general acceptance of ICJ compulsory jurisdiction in 1974. Because Vanuatu filed under forum prorogatum rather than an existing jurisdictional basis, the case can only move forward if France separately agrees to submit to the Court's jurisdiction over this dispute.
What is forum prorogatum?
It is a procedural mechanism under Article 38(5) of the ICJ Rules of Court that allows a state to file an application against another state that has not accepted the Court's jurisdiction in advance, inviting that state to consent afterward.
Where can I buy Humanitarian Assistance in International Law?
It is available from CLNZ Books at clnzbooks.com. The price includes worldwide shipping via trusted international courier. Credit card and PayPal are accepted.
Does CLNZ Books ship internationally?
Yes. CLNZ Books ships worldwide from Auckland, New Zealand, to individual professionals and institutions, with shipping included in every price.