A description of the workings of the icj and assessment of its effectiveness
There are, broadly, three explanations on offer. Even if judges were motivated by political considerations, they would rarely openly say so in a judicial opinion.
International court of justice
Odermatt, J. The Court discharges its duties as a full court but, at the request of the parties, it may also establish ad hoc chambers to examine specific cases. Becker, M. The ICJ has never issued a judgment in the justice route, which indicates that no pair of parties simultaneously agreed to choose Cohen, H. They normally communicate with the Registrar through their Minister for Foreign Affairs or their ambassador accredited to the Netherlands. In contrast, if the Court resorts to the consent of the parties or widely accepted international documents, it signals impartiality. This article discusses the techniques of avoidance ICs have developed to navigate such highly political or sensitive issues. Hirsch and A. If we assume that legal norms do not completely determine judicial decision-making, 10 the question of judicial motivation becomes imminent. When comparing the two judgments, the author This thesis seeks to answer the following questions: i Whether the ICJ In case of the latter, an applicant State may at any time inform the Court that it does not wish to continue the proceedings, or the two parties may declare that they have agreed to withdraw the case.
Many proponents of modern approaches advocate a more active role of courts, asking them not merely to find, but actively to shape and develop, customary law. It is intended for communication to the latter State and the Rules of Court contain stricter requirements with regard to its content. In the first part, I will argue that legal constraints are rather weak.
It is thus not important for the Court to develop a coherent methodo logy of identifying customary international law. Galindo, G.
At the end of the official title of the case the names of the two parties are separated by the abbreviation v.
based on 108 review