International Court of Justice

Bok chapter by Freya Baetens and Tim Kluwen, in Gordon Martel's (ed.) The Encyclopedia of Diplomacy. 

Abstract

The International Court of Justice (ICJ or the Court) is the judicial organ of the United Nations. This entry first sets out the historical background: how the ICJ took over from its predecessor, the Permanent Court of International Justice (PCIJ). Second, the ICJ's objectives and competence are addressed followed by, third, the structure of the Court in terms of its composition and registry. The fourth section provides an overview of the three forms of jurisdiction (contentious, incidental, and advisory) while the fifth presents an insight in ICJ procedure. Sixth, this entry examines compliance and enforcement issues relating to ICJ decisions and, seventh, outlines some of the criticisms faced by the ICJ and proposals for reform, focusing on the applicable law before the ICJ, fact‐finding and evidence, working methods, and the ICJ's suitability as a forum within the current context of international adjudicatory proliferation, to conclude with, eighth, the continued significance of the ICJ.

The book chapter is available here.

Tags: ICJ
Published Aug. 27, 2018 8:42 AM - Last modified Aug. 27, 2018 8:42 AM