Advisory Opinions of the International Court of Justice

International Law

Advisory Opinions of the International Court of Justice

Edited by Khawar Qureshi · Catriona Nicol · Joseph Dyke
Wildy, Simmonds and Hill Publishing August 2018

Specifications

ISBN-13
9780854902323
Publisher
Wildy, Simmonds and Hill Publishing
Publication
August 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book provides a complete guide to the vital Advisory jurisdiction of the ICJ which is available to the UN General Assembly, Security Council and UN Specialised Agencies.

Subjects such as Treaty interpretation, privileges and immunities, legality of nuclear weapons, the legality of the "Wall" built by Israel in respect of the Occupied Territories have featured in the ICJ's Advisory Opinions.

The author explains why the Advisory Jurisdiction is a vital and important means for the continuous clarification and development of Public International Law. The book analyses the key features of an Advisory Opinion, the process and procedure for invoking the ICJ's jurisdiction, as well as the practice of the Court with reference to its leading Advisory Opinions.

The reader will find a complete schedule of all requests and answers delivered by the ICJ and its predecessor the PCIJ since 1922, as well as the relevant Rules and Practice Directions of the ICJ.

The author..[has] achieved the considerable feat of producing a book which manages to avoid the twin perils of technicality and over-simplification." Sir Christopher Greenwood, GBE, CMG, QC (Judge, International Court of Justice, 2009-2018)

Table of Contents

Foreword by Sir Christopher Greenwood

I. INTRODUCTION;
(A) Key statistics;
(B) Significance of the advisory function;

II. THE PRE-ICJ HISTORY OF THE ADVISORY FUNCTION

III. KEY FEATURES OF THE ADVISORY FUNCTION;
(A) Binding vs Non-binding;
(B) State Consent;
(C) Purpose of the Advisory Function;
(D) No powers of judicial review or appeal

IV. REQUESTING AN ICJ ADVISORY OPINION;
(A) Who is authorized to request an Advisory Opinion;
Limitations on the Advisory Opinion Request;
(B) State involvement in initiating a request;
(C) The General Assembly’s Rules of Procedure;
(D) Filing the request for an advisory opinion;

V. PROCEDURE RELATING TO AN ADVISORY OPINION;
(A) Applicable rules;
(B) Summary of process;
(C) Notification;
(D) Written and Oral Submissions;
(E) Preliminary matters;
(F) Delivery of opinion;
(G) Dissenting Opinions and Additional declaration;
(H) Accelerated process;

VI. SCOPE OF THE COURT’S JURISDICTION;
(A) Political vs Legal question;
(B) Domestic law vs International law;
(C) Invalidity of or non-compliance with Resolution;
(D) Requirement of consent;
(E) Question within scope of requesting body’s activities or ultra vires;

VII. DISCRETION OF THE COURT;
(A) Introduction
(B) The Starting point;
(C) Lack of consent or opposition of concerned State parties;
(D) Is the advisory opinion process being used to circumvent other processes or requirements?
(E) Political impact or pressure;
(F) Inequality between parties
(G) Abstract nature of question/lack of purpose;
(H) Lack of evidence;
(I) Good faith/unclean hands;
(J) Requesting entity acted ultra vires;

VIII. TREATMENT OF THE QUESTION AND ITS SCOPE;

IX. EFFECT OF AND COMPLIANCE WITH AN ADVISORY OPINION;
(A) Difficulties with Assessing the Extent of Compliance with Advisory Opinions;
(B) Compliance with Advisory Opinions by the Requesting Entity;
(C) Acceptance of the Advisory Opinion by the Requesting Entity; Non-Acceptance by Concerned States;

X. IMPACT OF THE ADVISORY OPINIONS ON INTERNATIONAL LAW;
(A) Introduction;
(B) Interpretation of Treaties and International Agreements
(C) Treaty Relations
(D) The Rights, Obligations, Duties, Characteristics and Powers of the United Nations and its Organs
(E) Privileges and Immunities of the United Nations and its Officials;
(F) International Obligations of Member States;
(G) The Status and Obligations of International Institutions
(H) International dispute resolution;
(I) General Compliance with International Law;

ANNEX 1 – UN CHARTER (CHAPTER XIV, THE INTERNATIONAL COURT OF JUSTICE);
ANNEX 2 – STATUTE OF THE INTERNATIONAL COURT OF JUSTICE;
CHAPTER I – ORGANIZATION OF THE COURT;
CHAPTER II – COMPETENCE OF THE COURT;
CHAPTER III – PROCEDURE
CHAPTER IV – ADVISORY OPINIONS
CHAPTER V – AMENDMENT
ANNEX 3 – RULES OF COURT (1978) (AS AMENDED IN 2005);
ANNEX 4 – THE COURT’S PRACTICE DIRECTIONS;
ANNEX 5 – SCHEDULE OF ADVISORY OPINIONS
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