House Approves Proposal Permitting ICJ to Advise Domestic Courts

1983 ◽  
Vol 77 (2) ◽  
pp. 338-340
Author(s):  
Jack M. Goldklang
Keyword(s):  
International Law ◽  
House Of Representatives ◽  
National Court ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Domestic Courts ◽  
The Icj ◽  
Advisory Opinions

On December 17, 1982, the House of Representatives adopted a resolution supporting an expansion of the advisory opinion jurisdiction of the International Court of Justice. The resolution (H.R. Con. Res. 86) urges the President to explore the appropriateness of establishing a United Nations committee to seek advisory opinions from the ICJ. The committee would act when asked by a national court seeking advice regarding any international law question under the national court’s jurisdiction.

A Note on the ICJ Advisory Opinion on Kosovo

2010 ◽  
Vol 11 (7-8) ◽  
pp. 867-880 ◽  
Author(s):  
Robert Muharremi
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration ◽  
The Icj

On 22 July 2010, the International Court of Justice (hereinafter the “ICJ”) delivered its advisory opinion on the accordance with international law of the unilateral declaration of independence in respect of Kosovo. The ICJ concluded that the declaration of independence dated 17 February 2008 did not violate any applicable rule of international law consisting of general international law, UNSC resolution 1244 (1999) (hereinafter the “Resolution 1244”) and the Constitutional Framework for Provisional Self-Government in Kosovo (hereinafter the “Constitutional Framework”). The ICJ delivered the advisory opinion in response to a question set out in resolution 63/3 dated 8 October 2008 of the General Assembly of the United Nations Organization (hereinafter the “General Assembly”), which asked if “the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo is in accordance with international law.”

I. INTERNATIONAL COURT OF JUSTICE, ACCORDANCE WITH INTERNATIONAL LAW OF THE UNILATERAL DECLARATION OF INDEPENDENCE IN RESPECT OF KOSOVO, ADVISORY OPINION OF 22 JULY 2010

2011 ◽  
Vol 60 (3) ◽  
pp. 799-810 ◽  
Author(s):  
Dov Jacobs
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration ◽  
The Icj

‘Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?’ It is to answer this question that the General Assembly of the United Nations (‘UNGA’) requested an advisory opinion of the International Court of Justice (‘ICJ’). The request, adopted in October 20081 and initially sponsored by Serbia, was triggered by the declaration of independence of Kosovo issued on the 17 February 2008.2 Some two years later, on the 22 July 2010, the ICJ delivered its Advisory Opinion.3 By a 10–4 vote, the ICJ found that the declaration of independence of Kosovo did not violate international law.

Toward Authoritativeness: The ICJ Ruling on Israel’s Security Wall

2005 ◽  
Vol 99 (1) ◽  
pp. 42-52 ◽  
Author(s):  
Richard A. Folk
Keyword(s):  
International Law ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Legal Obligations ◽  
International Court ◽  
The Icj ◽  
General Assembly Resolution ◽  
Palestinian Territory ◽  
Legal Consequences

On July 9, 2004, the International Court of Justice issued its advisory opinion on the legal consequences of Israel’s construction of a security wall on occupied Palestinian territory, declaring that the wall was in violation of international law. The advisory opinion also indicated that Israel should forthwith cease construction of the wall, dismantle what had been so far constructed, and make reparations to the Palestinians for all damages caused by the project. On July 20, 2004, at the Tenth Emergency Session of the General Assembly, Resolution ES-10/15 was adopted by a vote of 150 in favor, 6 opposed, and 10 abstentions, demanding that Israel comply with the legal obligations as specified by the advisory opinion.

The Kosovo Advisory Opinion: Conflict Resolution and Precedent

2011 ◽  
Vol 105 (1) ◽  
pp. 50-60 ◽  
Author(s):  
Richard Falk
Keyword(s):  
International Law ◽  
General Assembly ◽  
Advisory Opinion ◽  
Political Movements ◽  
International Court Of Justice ◽  
Sovereign State ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
The Icj

The somewhat surprising majority view in the advisory opinion of the International Court of Justice (ICJ) assessing Kosovo's declaration of independence has some bearingon prospects for an eventual end to the bitter conflict between Kosovo and Serbia. It may also have some relevance for a variety of political movements around the world whose leaders might be more inclined than previously to tempt fate by declaring their people and territory to be internationally independent of the sovereign state within which they are now geographically located. Significantly,the ICJ majority sidestepped the question put to it by the General Assembly, in a move objectionable to the four dissenting judges,recasting it in such a way as to limit its response to whether Kosovo's declaration of independence, issued on February 17,2008, was “in accordance with international law” to the rather bland assertion that the declaration did not violate international law. The Court did not say, and explicitly ruled out any interpretation suggesting, that Kosovo's declaration was acceptable under international law, although by Lotus reasoning, what a state is not expressly prohibited from doing is permitted.3 The majority also expressed its view that the declaration was not to be viewed as decidingupon Kosovo's final status in world diplomacy.

The Absence of State Consent to Advisory Opinions of the International Court of Justice: Judicial and Political Restraints

2010 ◽  
Vol 24 (2) ◽  
pp. 191-207
Author(s):  
Mahasen Aljaghoub
Keyword(s):  
Main Role ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Integral Role ◽  
The Icj ◽  
Palestinian Territory ◽  
Advisory Opinions

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, (UN) and its Statute is an integral part of the UN's Charter. The court's integral role within the UN has largely been misunderstood especially in the way the court has viewed its advisory jurisdiction. The ICJ always asserts that the delivery of an advisory opinion represents its participation in the UN's work and thus, in the absence of compelling reasons, a request for an opinion ought not to be refused. Some commentators note that the principle that the ICJ must participate in the work of the Organisation might sometimes conflict with its judicial character, which might result in not embracing the philosophy of “judicial restraint” in the court's advisory jurisdiction. They also contend that the absence of consent in advisory cases has led the court to overlook its judicial restraint. This article argues that those commentators have overlooked the main role of the ICJ's advisory function in clarifying the law and providing guidance for future action by the UN organs, and has consequently called for applying the principle of consent as a condition for giving an advisory opinion on questions relating to disputes pending between States. In the present article, the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory opinion is analysed to see whether the absence of Israeli consent has undermined the ICJ's judicial character. The author is of the view that the court, as the principal judicial organ of the UN, should, by a cautious judicial policy, provide enlightenment to the UN and participate to achieving its goals while at the same time adhering to its judicial character.

scholarly journals TRAVAUX PREPARATOIRES: APPLICATION BY THE INTERNATIONAL COURT OF JUSTICE IN INTERPRETATION OF INTERNATIONAL LAW

2019 ◽  
pp. 144-152
Author(s):  
S. Karvatska
Keyword(s):  
International Law ◽  
General Rule ◽  
Vienna Convention ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The Law ◽  
Text Context ◽  
Advisory Opinions

The article is devoted to the analysis of the nature, essence and mechanism of the application of travaux preparatoires by the International Court of Justice (ICJ) in the process of interpreting the international law. It is proved that the interpretational practice of the ICJ shows the extension of the doctrinal approaches of the traditional perception of travaux preparatoires as an auxiliary tool. It has been established that the ICJ uses travaux preparatoires 1 to identify the intent of the legislator; 2 to provide advisory opinions; 3 to clarify the intentions of the parties to the treaty; 4) to determine the jurisdiction of the ICJ; 5) to identify the true intentions of the parties to the dispute; 6) to decide questions regarding the text, context, purpose and object of the treaty as a general rule of interpretation, fixed in Art. 31 of the Vienna Convention on the Law of Treaties, 1969.

Kosovo – So What? The Holding of the International Court of Justice is not the Last Word on Kosovo's Independence

2010 ◽  
Vol 11 (7-8) ◽  
pp. 837-839 ◽  
Author(s):  
Michael Bothe
Keyword(s):  
International Law ◽  
Negative Answer ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
The Icj

At a first glance the International Court of Justice (ICJ) has given a clear negative answer to the question submitted to it by the General Assembly. According to the ICJ's advisory opinion from 22 July 2010, Kosovo's declaration of independence did not constitute a violation of international law. Yet, reading the reasons the ICJ offered in support of its holding, one soon discovers that many relevant questions have been left open.

scholarly journals Legal Nature of Advisory Opinions of the International Court of Justice

2019 ◽  
Author(s):  
Petro Halimurka ◽  
Ihor Zeman
Keyword(s):  
Case Law ◽  
Customary Law ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Legal Nature ◽  
The Status ◽  
The Icj ◽  
Advisory Opinions

The article explores the legal nature of advisory opinions of the International Court of Justice. It has been established that advisory jurisdiction consists of at least two main elements – ratione personae and ratione materiae. The original power to request advisory opinions is given to the General Assembly and the Security Council. The Court’s case-law demonstrates that political aspects of question or political motives don’t give any grounds to refuse the request for an advisory opinion. The advisory opinions de jure are not legally binding. However, in practice, due to its quality and the status of the International Court of Justice, the advisory opinions are authoritative. In order for the advisory opinion to be authoritative, it is important that the Court’s position is not divided. Advisory proceedings in its form are similar to the proceedings in disputes, indicating the judicial nature of the advisory opinions. It has been found that in practice, the bodies that requested an advisory opinions of the ICJ, as a rule, follow them. An analysis of the interpretation and application by the Court of the international treaties in the advisory opinions demonstrates that the Court acts as the main judicial organ of the United Nations. There has been established the indirect influence of the ICJ on the formation of an international custom through the use of resolutions of the UN agencies as proof of opinio juris. In the advisory opinion Reparation for Injuries Suffered in the Service of the United Nations International Court of Justice has created a new rule of international customary law regarding the status of a legal entity in international organizations and, consequently, personal legal personality. It is also worth mentioning the advisory opinion Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, by which the Court has given an impetus to the development of international customary law in the area of reservations to multilateral treaties, in particular with humanitarian purposes. In the advisory opinion of the Western Sahara, the Court not only substantiated the universality of the principle of self-determination, but also clarified what features, in it’s opinion, should have the will of the people. In the advisory opinion Legality of the Threat or Use of Nuclear Weapons the Court substantiated that the rules of international humanitarian law became part of international customary law. Advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory has contributed to the understanding of a number of norms as customary. In particular, the Court confirmed the customary nature of the Hague Convention Respecting the Laws and Customs of War on Land of 1907. In addition, the Court noted that the obligation to respect the right of other peoples to self-determination was a commitment erga omnes. Key words: court; law; justice; dispute; advisory opinion; case-law; custom.

The ICJ Advisory Opinion on theAccordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovoand the International Protection of Minorities

2010 ◽  
Vol 11 (7-8) ◽  
pp. 847-865 ◽  
Author(s):  
Björn Arp
Keyword(s):  
International Law ◽  
Media Coverage ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
International Protection ◽  
Declaration Of Independence ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration ◽  
The Icj

Very seldom has a judgment or advisory opinion of the International Court of Justice (ICJ) received so much media coverage as the recent Advisory Opinion on theAccordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovorendered on 22 July 2010 in response to a question posed by the General Assembly. The question had been forwarded on behalf of a request by Serbia and was phrased in the following way: “Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?”

International Court of Justice: The Role of Consent in the Context of Judicial Propriety Deconstructed in Light of Chagos Archipelago

2019 ◽  
Vol 18 (2) ◽  
pp. 189-218
Author(s):  
Ksenia Polonskaya
Keyword(s):  
International Law ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Relevant Element ◽  
Advisory Opinions ◽  
Chagos Archipelago ◽  
Advisory Function

Abstract This article examines the notion of consent as an element of judicial propriety as defined by the International Court of Justice (ICJ) in the context of its advisory function. The article situates the issue of judicial propriety within a broader conversation on the Court’s normative outlooks in international law, and examines the most recent advisory opinion on the Chagos Archipelago to understand how the Court itself views its role in international law. The article concludes that the Court’s advisory opinions do not provide much clarity as to the circumstances in which a lack of consent will become a compelling enough reason to justify a refusal to give an advisory opinion. The Court appears to ritually recite consent as a relevant element in its assessment of judicial propriety, however, it continues to limit such relevance.

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