International Court of Justice

Introduction

International Court of Justice - Research Guide International Law

The International Court of Justice was established in 1945 by the Charter of the United Nations as the principal judicial organ (Art. 7, UN Charter). Its role in the fulfillment of the purposes of the UN is “to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace” (Art. 1, UN Charter). To this end it settles legal disputes submitted to it by States (contentious procedure) and gives advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies (advisory procedure). It functions in accordance with its Statute which forms an integral part of the Charter (Art. 92, UN Charter). The International Court of Justice is composed of 15 judges who are elected by the General Assembly and the Security Council for a nine year term of office. It has its seat in the Peace Palace at The Hague, The Netherlands.

This Research Guide is intended as a starting point for research on the International Court of Justice. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index codes 189c. International Court of Justice and 189d. Activities of the International Court of Justice and subject heading (keyword) International Court of Justice are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

Bibliography

Reference works

Books

Leading articles

Documents

Periodicals, serial publications

Bibliographies

New titles


1. (R)evolution of State Immunity Following Jurisdictional Immunities of the State (Germany v Italy) - Winds of Change or Hot Air?
(R)evolution of State Immunity Following Jurisdictional Immunities of the State (Germany v Italy) - Winds of Change or Hot Air? / Jarrad Harvey In: University of Tasmania Law Review = ISSN 0082-2108: vol. 32, issue 2, page 208-247. - 2013
Keywords: Germany, Italy, International Court of Justice, Sovereign immunities, Ius cogens, Customary international law, Access to justice, Cases,

2. The Contribution of the International Court of Justice to the Law of the Sea
The Contribution of the International Court of Justice to the Law of the Sea / Peter Tomka. - Oxford : Oxford University Press. - Page 618-642 In: The IMLI Manual on International Maritime Law / General Editor David Joseph Attard ; Edited by Malgosia Fitzmaurice, Norman A. Martínez Gutiérrez, ISBN 9780199683925: vol. 1. - 2014
Keywords: International Court of Justice, United Nations Convention on the Law of the Sea (Montego-Bay, 10 December 1982), Maritime boundaries, Delimitation, Innocent passage, Law of the sea, Case-law,

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  • Wellens, K., Negotiations in the Case Law of the International Court of Justice : a Functional Analysis, Farnham, Ashgate, 2014.

    Wellens, K., Negotiations in the Case Law of the International Court of Justice : a Functional Analysis, Farnham, Ashgate, 2014.

    This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay.

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  • Gaja, G. and J. Grote Stoutenburg (eds.) Enhancing the Rule of Law through the International Court of Justice, Leiden, Boston, Brill Nijhoff, 2014. Showcase item

    Gaja, G. and J. Grote Stoutenburg (eds.) Enhancing the Rule of Law through the International Court of Justice, Leiden, Boston, Brill Nijhoff, 2014.

    What is the current role of the International Court of Justice in contributing to the rule of law in the international community, and which future developments might enable it to have an even greater impact? These questions are explored in Enhancing the Rule of Law through the International Court of Justice, edited by Judge Giorgio Gaja and Jenny Grote Stoutenburg, Associate Legal Officer at the Court. Resulting from a conference celebrating the centenary of the Peace Palace in The Hague, the volume brings together contributions from Judges of the Court, eminent scholars and “new voices”.

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  • Hernández, G.I., The International Court of Justice and the Judicial Function, Oxford, Oxford University Press, 2014. Showcase item

    Hernández, G.I., The International Court of Justice and the Judicial Function, Oxford, Oxford University Press, 2014.

    This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court’s case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law’s deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court’s constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court’s practice in regard to three conceptual issues which assist in understanding the Court’s function: its theory of precedent; its definition of the ‘international community’; and its theory on the completeness of the international legal order.

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  • Bannelier, K. et al. (eds.), The ICJ and the Evolution of International Law : The Enduring Impact of the "Corfu Channel" Case, London, Routledge, 2012.

    In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration.

Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including four well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law.

This book will be of particular interest to academics and students of International Law, International Relations and Legal History

    In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration.

    Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including four well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law.

    This book will be of particular interest to academics and students of International Law, International Relations and Legal History.

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  • Tams, C.J. and J. Sloan (eds.), The Development of International Law by the International Court of Justice, Oxford, Oxford University Press, 2013.

    Tams, C.J. and J. Sloan (eds.), The Development of International Law by the International Court of Justice, Oxford, Oxford University Press, 2013.

    This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court’s jurisprudence. The informal development of international law through the Court’s judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law.

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  • Ruiter, D. de (ed.), The International Court of Justice: Facts and Documents About the History and Work of the Court, The Hague, International Courts Association (ICA), 2011

    Ruiter, D. de (ed.), The International Court of Justice: Facts and Documents About the History and Work of the Court, The Hague, International Courts Association (ICA), 2011

    In this book, the history and work of the International Court of Justice is commemorated. Its past and future roles are examined from various angles, which have been defined as “roles” played by the Court. The book illustrates the Court’s role as a mechanism for the settlement of disputes, as well as its supervisory role, or, in other words, its possible role as the ‘Supreme Court’ in international law. Along with the presentation of documents and materials, its advisory function is also examined. The In this book, the history and work of the International Court of Justice is commemorated. Its past and future roles are examined from various angles, which have been defined as “roles” played by the Court. The book illustrates the Court’s role as a mechanism for the settlement of disputes, as well as its supervisory role, or, in other words, its possible role as the ‘Supreme Court’ in international law. Along with the presentation of documents and materials, its advisory function is also examined. The book concludes with a discussion of landmark cases by the Court.book concludes with a discussion of landmark cases by the Court.

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Database

Blogs

  • UPEACE/Peace Palace Library Lecture: Judge Kenneth Keith and PCA Legal Counsel Judith Levine on International Water Disputes

    On Wednesday January 28, 2015, the fourth of a series of Lectures on Peacebuilding in Progress was held at the Academy Building of the Peace Palace, The Hague. The lectures on Peacebuilding are organised by the UPEACE Centre The Hague and the Peace Palace Library.

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  • Bolivia’s Centenarian Maritime Claim before the International Court of Justice

    Despite losing its maritime coast, the so-called Littoral Department, after the War of the Pacific, Bolivia has historically maintained, as a state policy, a maritime claim to Chile. The claim asks for sovereign access to the Pacific Ocean and its maritime space. The Political Constitution of 2009 established that Bolivia declares its right to access to the sea, and that its objective is to solve the problem peacefully. Therefore, on 24 April 2013, Bolivia instituted proceedings against Chile before the International Court of Justice. A guest blog by Elizabeth Santalla Vargas.

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  • ARGO and the Follow-Up: Iran and the United States

    33 Years after the event, Hollywood has turned its attention to an episode that traumatized the United States for months: the seizure of the American Embassy in Tehran. As the US Embassy falls to a group of Islamist students and militants in support of the Iranian revolution and in retaliation for the USA’s sheltering of the recently deposed Shah, six diplomats slip out and seek sanctuary in the Canadian’s ambassador’s residence. It is up to the CIA’s Tony Mendez (Ben Affleck) to extract them from the country before they are discovered by the Revolutionary Guards. The plan? Create a fake movie, called Argo, and pretend they’re the crew.

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  • Interview with Prof. Rosalyn Higgins

    Interview with Prof. Rosalyn Higgins by Ingrid Kost & Otto Spijkers, on 1 December 2011, at the Peace Palace. We spoke about her time as President of the International Court of Justice, the relationship between the Peace Palace Library and the Court, and the difference between men and women.

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  • Conference about ICJ's judgment in the case between Nicaragua and the USA

    In 1986, the International Court of Justice issued its judgment on the merits in a dispute between Nicaragua and the United States of America. Twenty-five years later, members of the legal teams of both Nicaragua and the United States faced each other once again in the Peace Palace.

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  • What Future for Western Sahara ?

    There is no prospect of resolving the decades-old conflict between Morocco and the Sahrawi independence movement Polisario on the future of Western Sahara. The Secretary-General of the United Nations, Mr. Ban Ki-moon, came to this conclusion in a gloomy report, dated 6 April 2010, to the Security Council. Ban Ki-moon reported that “it is clear [...]

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  • International Court of Justice sets date for public hearings on Kosovo independence

    The Hague, 29 July 2009. The International Court of Justice (ICJ) announced that it will hold public hearings starting on 1 December 2009 on the question of Kosovo’s unilateral declaration of independence early last year. The United Nations and individual Member States will be able to present oral statements and comments at the ICJ’s headquarters [...]

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  • Maritime Delimitation in the Black Sea (Romania v. Ukraine)

    On Tuesday 3 February 2009 the International Court of Justice (ICJ) rendered its Judgment in the case concerning Maritime Delimitation in the Black Sea (Romania v. Ukraine). A public sitting took place at 10 a.m. at the Peace Palace in The Hague, during which the President of the Court, Judge Rosalyn Higgins, read the Court’s Judgment.

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  • EU Declaration on Medellín Execution

    On Monday, 11 August, the Council of the European Union (EU) issued a declaration on the execution of Mexican national José Medellín in Texas last week.

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  • Texas Executes Mexican National in Defiance of ICJ Rulings

    Late Tuesday night, 5 August, the State of Texas executed José Ernesto Medellín, despite a call from the UN Secretary-General urging the United States (US) not to go ahead with the execution and to respect the judgements of the International Court of Justice (ICJ).

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See also

More Research guides on Settlement of International Disputes

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