Title The advisory function of the International Court of Justice 1946-2005 / Mahasen M. Aljaghoub

Published Berlin ; New York : Springer, ©2006

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Description 1 online resource (xxx, 285 pages) : 3 table Contents 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 Summary 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 Analysis recht law sociale wetenschappen social sciences internationaal recht international law publiek recht public law Law (General) Recht (algemeen) Bibliography Includes bibliographical references (pages 257-278) Notes Print version record In Springer e-books Subject International Court of Justice -- History SUBJECT International Court of Justice. cct International Court of Justice fast Subject LAW -- International. Verenigde Naties. Internationaal Gerechtshof. Sciences sociales. Sciences humaines. CIJ = Cour internationale de justice. Compétence des tribunaux. Internationaal Gerechtshof. Verenigde Naties. Genre/Form History Form Electronic book ISBN 9783540357346 3540357343 3540357327 9783540357322 9786610949144 661094914X

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