Its seat is at the peace palace in the hague netherlands. It undertakes a comprehensive analysis of the followup of the icjs judgments and interim measures from the. Jurisdiction and compliance in recent decisions of the international. Icj judgments and provisional measures from the corfu channel case. Constanze schulte, compliance with decisions of the international. Llamzon, jurisdiction and compliance in recent decisions of the international court of justice, 18 eur. Despite the absence of any rule on binding precedent in international law generally, references to previous cases of both the permanent court of international justice and the icj, and increasingly also caselaw from other courts and tribunals, in the decisions of the icj and the international tribunal for the law of the sea itlos are a. This book examines the compliance record of states parties to proceedings before the international court of justice icj, the principal judicial body of the united nations. The list of international court of justice cases includes contentious cases and advisory opinions brought to the international court of justice since its creation in 1946. Decisions of the international court of justice 403 philippe sands et al. In general, it can be noted that a greater range of international legal. The development of international law by the international court of justice christian j. Its prestige and activity have reached unprecedented heights.
The judgments and opinions of the international court of justice are accorded great weight. The statute of the international court of justice, similar to that of its predecessor, is the main constitutional document constituting and regulating the court. Problems of enforcement of decisions of the international court of justice and the law of the united nations attila tanzi i. Fikfak, veronika, domestic courts enforcement of decisions and opinions of the international court of justice april 29, 2014. Problems of enforcement of decisions of the international. Commentators on the international court ofjustice icj note that cases of. Enforcement of international judicial decisions of the international court of justice has suffered serious negligence in public international law. List of international court of justice cases wikipedia. Icj judgments and provisional measures from the corfu channel. The law and procedure of the international court of justice fifty years of jurisprudence hugh thirlway.
International court of justice peace palace library. See special agreement between the federal states of abelii and the republic of redox for submission to the international court of justice. Dr schulte began her study of state compliance with icj judgments thus. The effectiveness of the international court of justice. Form, function, and the powers of international courts.
The international court of justice, commonly known as the world court, is the principal judicial organ of the united nations, the icj is a continuing and autonomous body that is permanently in session. Pdf jurisdiction and compliance in recent decisions of. Member states must comply with the decisions of the icj, in cases to which they are parties. Colter paulson, compliance with final judgments of the international court of justice since 1987, 98 ajil 434 2004. It concludes with some recommendations on how to attract greater attention to the icj and international law generally. The icj registrar philippe couvreur, however, recognized that compliance is often. The registrar of the court addressed notification to the parties on june 27, 2012. Digest of the decisions of the international court of justice 19471985 ed. Established in 1945 by the charter of the united nations, the court began work in 1946 as the successor to the permanent court of international justice. Enforcement of international judicial decisions of the. Abstract the international court of justice is the primary judicial organ of the united nations. After explaining the legal basis for the obligation of compliance and the enforcement of icj decisions, the book analyses all decisions that gave rise to an. This article looks at the icjs creation and how it works. This book examines the compliance record of state parties to proceedings before the international court of justice icj, the principal judicial body of the united.
Statute of the international court of justice, art. On the basis of selected cases, and through interviews with judges and lawyers, you. The international court of justice icj jurisdiction. Compliance with decisions of the international court of justice. The international court of justice and the concept of.
Pursuant to article 401 of the statute of the international court of justice, states may bring cases before the court by special agreement, statute of the international court of justice, art. Jurisdiction and compliance in recent decisions of the. A version of this paper will be published in mads andenas and eirik bjorge, eds. It undertakes a comprehensive analysis of the followup of the icjs. The international court of justice icj or court is a highly respected and authoritative judicial tribunal, lying at the center of the u.
Jurisdiction and compliance in recent decisions of the international court of justice 817 the notion that greater acceptance of icj compulsory jurisdiction 9 has occurred or is forthcoming is, of course, hopelessly utopian, especially in light of the last 60 years. The international court of justice and the law of the sea. It was established in june 1945 by the charter of the united nations and began work in april 1946. Schulte, compliance with decisions of the international court of justice 2004, at 1. Forming a key part of international law, 177 cases have been entered onto the general list for consideration before the court the jurisdiction of the icj is limited. Compliance with international court judgments and decisions. The international court of justice icj is the principal judicial organ of the united nations. The law and procedure of the international court of justice. The international court of justice is the principal judicial organ of the united nations. Chapter 7 of the dumbarton oaks proposals proposed the creation of an international court of justice whose statute should be either a the statute of the permanent court of international.
Manattahn professor of international law, the george washington university law school. The seat of the court is at the peace palace in the hague netherlands. International law and policy for editing and publishing the text. In recent years states have made more and more extensive use of the international court of justice for the judicial settlement of disputes. The role of the icj in the enforcement of its decisions has received little attention in the existing literature. Compliance with decisions of the international court of justice 2004, at 1. An overview of the challenges facing the international court. This report is about the work of the international court of justice. The role of the international court of justice in the. Unfortunately, after over six decades in existence, the courts influence is declining.
Is the international court of justice worth the effort. It undertakes a comprehensive analysis of the followup of the icjs judgments and interim measures from the courts creation in 1945 until the present day. King willemalexander of the netherlands attended the official ceremony. The peace palace, home of the international court of justice at the hague. Pdf compliance with decisions of international courts as. An overview of the challenges facing the international. Rhincodon submit the present dispute to the international court of justice. Compliance with decisions of the international court of. The international court of justice and the protection of the environment. Thus, the first significance of this thesis lies in dearth of the authoritative legal literature on this topic.
Issues of form and function were also part of discussions about the powers of these new institutions and have remained implicitly or explicitly. Together with the security council and the general assembly, the international court of justice is one of the most important guarantors of peace, security and cooperation among states. Introductory remarks the enforcement of decisions of the international court of justice may involve problems that touch upon some of the most delicate areas of both public international law, and the law of the united. The main objective of this book is to study the law, practice and prospects of compliance with the decisions of the international court of justice icj. Any doubt on this point shall be settled by the decision of the court. Gozie ogbodo abstract the effectiveness of the international court of justice icj is critical for global survival and progress in the 21st century. Other potential factors affecting the compliance pull of. For example, the four judgments awarded by the court in 2012 each involved, or was in full or in part, a declaratory judgment. The idea for the creation of an international court to arbitrate international disputes first arose during the various conferences that produced the hague conventions in the late 19th and early 20th centuries. Compliance with decisions of international courts as. The decisions made by the court are in accordance with interna tional treaties and conventions in force, international custom, the general principles of law and, as subsidiary means, judicial decisions and the teachings of the most highly qualified publicists in other words, international law. Through its opinions and rulings, it serves as a source of.
The development of international law by the international. The international court of justice, for its part, has been following the tribunals work closely, especially its welldeveloped jurisprudence on provisional measures. The contribution of the international court of justice icj to the interpretation and development of international human rights and humanitarian law rules and principles is a topic of growing. The decision of the international court of justice of december 1999 in the dispute between botswana and namibia concerning the island known to the former as sedudu and the latter as kasikili is. Icj international court of justice itlos international tribunal on law for law on sea lclp london convention london protocol. Compliance with decisions of the international court of justice constanze schulte description this book examines the compliance record of states parties to proceedings before the international court of justice icj, the principal judicial body of the united nations. Mar 24, 2020 repertory of decisions of the international court of justice 19471992 ed. Judge oda was a member of the icj for over a quarter of a century, having been. At present there are two global judicial institutions, the icj estab lished under the charter of the united nations and the international. Bearing in mind the unprecedented increase interest in international dispute settlement which can be explained by the phenomenon of.
Evidence from the european court of justice 2008 4 american political. Application for revision of the judgment of 11 july 1996 in the case concerning application of the convention on the prevention and punishment of the crime of genocide bosnia and herzegovina v. Despite being declared by the courts statute to have no binding force for states other than the parties to the case. On 20th april 2016, the international court of justice celebrated its seventieth anniversary with a solemn commemorative sitting at the peace palace, the hague. Only states have standing to bring a compulsory claim. But now a new international court of justice with expanded powers was established by participating nations. Reports of the international court of justice shop. Therefore, its responsible for deciding cases that are brought between countries and by international organizations. It undertakes a comprehensive analysis of the followup of the icjs judgments and interim measures from the court s creation in 1945 until the present day. Repertory of decisions of the international court of justice 19471992 ed. Jurisdiction and compliance in recent decisions of the international court of justice. Foreign relations law, to the extent that decisions of international tribunals adjudicate questions of international law, they are persuasive evidence of what the law is.
Charter of the united nations and the statute of the international court of justice. This book examines the compliance record of state parties to proceedings before the international court of justice icj, the principal judicial body of the united nations. It consists of 15 judgesno two of whom may be nationals of the same statewho are elected. The international court of justice yale law school. This book traces the impact that the international court of justice icj, the principal judicial organ of the united nations. International court of justice decisions international. Domestic courts enforcement of decisions and opinions of. Chapter 7 of the dumbarton oaks proposals proposed the creation of an international court of justice whose statute should.
It was established by the united nations charter in june 1945 and began its activities in april 1946. Are decisions of the international court of justice. Provides a thorough, detailed examination of the work of the international court of justice by an author intimately involved in its practice. The international court of justice and the protection of. For just over two years i have had the privilege of being one of the fifteen judges elected by the united nations to serve on the. As with most courts, there is an assumption that the icj acts in a fair. Jurisdiction and compliance in recent decisions of the international court of justice 817 the notion that greater acceptance of icj compulsory jurisdiction 9 has occurred or is forthcoming is, of course, hopelessly utopian, especially in light of the last 60 years of the courts experience. Compliance with final judgments of the international court of. Expressive theory of international dispute resolution, 45 wm. Reassertion and convergence in international law, cambridge. International court of justice mcgill university school of.
It began work in 1946, when it replaced the permanent court of international justice which had functioned in the peace palace since 1922. International law in action explains the functions of each international court and tribunal present in the hague, and it looks at how these institutions address contemporary problems. Ever since the international court of justice announced its order in kulbhushan jadhav case, the question on every pakistanis lips is that are decisions taken by icj binding upon members of. No member may participate in the decision of any case in which he has previously taken part as agent, counsel, or advocate for one of the parties, or as a member of a national or international court, or of a commission of enquiry, or in any other capacity. Pdf human rights in the international court of justice. International justice pcij, predecessor to the current international court of justice icj. The international court of justice hugh thirlway on. International court of justice definition, cases, purpose. Statute of the international court of justice article 1 international court of justice established by the charter of the united nations as the principal judicial organ of the united nations shall be constituted and shall function in accordance with the provisions of the present statute. The court has relied on actual practice to determine the content of customary rules surprisingly rarely, frequently basing its conclusions instead on nonbinding actions by international bodies or on its own decisions. But now a new international court of justice with expanded.
197 1307 871 855 1467 895 929 782 1274 30 1310 80 797 1258 82 536 916 1237 218 991 209 1434 1261 245 33 134 101 350 803 72 625 422 7