International Law

Modernizing the Role of the International Court of Justice

By Bertrand Ramcharan
T.M.C. Asser Press April 2022

Specifications

ISBN-13
9789462655188
Publisher
T.M.C. Asser Press
Publication
April 2022
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Also available as

Details

This book discusses the future role of the International Court of Justice (ICJ) in a world facing survival challenges. It discusses threats such as climate change, environmental degradation and pandemics, and argues that in the future the ICJ will need to carry out judicial, security and protection functions as it is the only organ of the United Nations (UN) that can discharge such functions in view of its independence and expertise. The author proposes that the ICJ can apply a hitherto unused jurisdictional provision in Article 36 of its statute that allows it to deal with "All Matters Specially Provided for in the UN Charter" and presents three examples of issues that would require the urgent attention of the ICJ: vaccine equity in a global pandemic, climate disaster, and mass movements of people across frontiers due to climate change and environmental degradation.

Table of Contents

Chapter 1. Introduction
Chapter 2. The Judicial Function, the Security Function, and the Protection Function in the Evolving International Legal Order
Chapter 3. The ICJ'S Jurisdiction Includes 'All Matters Specially Provided for in the Charter of the UN'
Chapter 4. The Role of the UN's Principal Judicial Organ in a World Facing Existential Threats and Crises
Chapter 5. The World Court and the Enhancement of International Authority
Chapter 6. A Global Security Jurisdiction for the World Court.
Chapter 7. An International Protection Role for the ICJ
Chapter 8. A Judicial Review Role for the ICJ
Chapter 9. Conclusion

Annexes
Bibliography
Index
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