Front cover image for The Advisory Function of the International Court of Justice 1946-2005

The Advisory Function of the International Court of Justice 1946-2005

The book provides a comprehensive analysis of the advisory role of the International Court of Justice in light of its jurisprudence and overall contribution over a period of more than 55 years. The author highlights the "organic connection" between UN organs and the Court and the Court's contribution as one of the UN's principal organs to the Organisation. The basic argument of this study is that the advisory function should be understood as a two-sided process involving the interplay between UN organs and the ICJ. The request for and the giving of an advisory opinion is a collective coordinated process, involving more than one organ or part of the Organisation. The author concludes that the Court's role as a participant in the UN's work is circumscribed by its duty to act judicially. In practice, the Court has succeeded in establishing a balance between its role as a principal organ of the UN and its position as a judicial institution with a duty to administer justice impartially
eBook, English, 2006
Springer-Verlag, Berlin, 2006
1 online resource
9783540357346, 3540357343
767221463
Introduction
The Advisory Function of the International Court of Justice in an Historical Context
The Advisory Jurisdiction of the ICJ: Compliance with Requests and the Court's Discretion in Giving Advisory Opinions
The Role of the ICJ as the Principal Judicial Organ of the UN and the Implications of This Role for the Court's Advisory Function
The Judicial Character of the ICJ's Advisory Function and the Problem of Consent
Procedural Aspects of the Advisory Function of the ICJ
The Contribution of the Advisory Opinions to the Development of the Law of International Institutions and to Public International Law
The Attitude of United Nations Member States Towards the Use of the Advisory Procedure
The Reception of Advisory Opinions
The Advisory Function of the ICJ: Concerns, Limitations and Future Role