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.

Online publications 2015-2017

Cohen, M., “The Continuing Impact of French Legal Culture on the International Court of Justice”, in A. Roberts (et al.) (eds.), Comparative International Law, Oxford, Oxford University Press, 2017, pp.181-205.
Abstract: Little attention has been paid to the influence of domestic legal cultures and languages on the design and internal organization of international courts. Focusing on the ICJ and its predecessor court, the PCIJ, this chapter aims to make the reach of domestic norms, in particular French legal culture, in the ...

McClintock, C.C., “Greasy Luck to Whalers : How the International Whaling Commission and International Court of Justice Can Use Principles of American Administrative and Environmental Law to Keep Japan From Circumventing the International Convention for the Regulation of Whaling”, International Immersion Program Papers 53 (2017).
Abstract: This paper examines how the International Whaling Commission and International Court of Justice could use insights from administrative and environmental law to improve and tighten regulation of scientific whaling programs in order to ensure that such programs do not frustrate the purposes of the ...

Bodansky, D., The Role of the International Court of Justice in Addressing Climate Change: Some Preliminary Reflections” (August 2, 2017), Arizona State Law Journal, 49 (2017).
Abstract: What role might international adjudication play in addressing climate change? Thus far, the international climate change regime has developed primarily through negotiations. The essay explores the relationship between adjudication and negotiation, and how an ICJ advisory opinion could work with ...

Yotova, R., “Challenges in the Identification of the ‘General Principles of Law Recognized by Civilized Nations’: The Approach of the International Court (August 1, 2017), University of Cambridge Faculty of Law Research Paper No. 38/2017.
Abstract: This article seeks to identify the appropriate methodology for ascertaining the existence of the controversial ‘general principles of law’. It does so by going back to the preparatory works of Article 38(1)(c) of the ICJ Statute and then critically assessing state practice and the case law of the Court on identifying ...

Schnetter, M., “Remedies at the International Court of Justice” (June 30, 2017), Bucerius Law Journal, 2017, No. 1.
Abstract: Inquiries into the ICJ’s remedies practice have so far remained on the fringe of judicial literature. This paper takes an outside view on the Court’s jurisprudence and detects various mechanisms that are frequently used in the remedy section of judgments. The analysis deals less with the material content of ...

Galindo, G.R.B., “On Form, Substance, and Equality Between States” (June 2, 2017), in AJIL Unbound, 111 (2017), pp. 75-80.
Abstract: The International Court of Justice’s Marshall Islands cases show the omnipresence of the dichotomy between form and substance in the Court's case-law. Commentators and several dissenting judges have stressed that the judgments represent a landmark in the sense that the Court has radically ...

Venzke, I., “Public Interests in the International Court of Justice: A Comparison between Nuclear Arms Race (2016) and South West Africa (1966)” (June 2, 2017), in AJIL Unbound, 111 (2017), pp. 68-74.
Abstract: The Court’s judgment in 1966 was the first, and the one in 2016 the latest, in a series of cases that may be read as instances of public interest litigation - judicial action in support of causes that have not found effective recognition in the political process. When comparing the two judgments, the author ...

Proulx, V.-J., “The Marshall Islands Judgments and Multilateral Disputes at the World Court: Whither Access to International Justice? (June 2, 2017), in AJIL Unbound, 111 (2017), pp. 96-101.
Abstract: The International Court of Justice has mostly emphasized substance over form and developed a pragmatic, flexible, objective, and fact-based analytical approach to jurisdiction. That is until a recent series of judgments veering towards jurisdictional formalism. However, to truly reflect its designation as the ...

Gao, E.Y., “The International Court of Justice and Political Questions: Defending the Rule of Law or a Continuation of Politics by Other Means?”, Thesis Haverford College, 21 April 2017.
Abstract: This paper discusses the role of the International Court of Justice (ICJ) with the regard to the politically sensitive disputes arising between states. The ICJ no longer rules primarily on the technical disputes concerning the territorial and maritime boundaries or the interpretation of commercial ...

Schiettekatte, S., “Building the Bridge between Science and Law at the International Court of Justice: From Ex Parte to Ex Curia Experts” (May 7, 2017), LLM, Public International Law, Leiden University.
Abstract: The increased need for scientific knowledge in international dispute settlement is a consequence of both scientific and technological developments and the low normativity of the rules developed in response to these developments. Issues relating to the protection of the environment or use of natural ...

Messenger, G., “The Practice of Litigation at the ICJ: The Role of Counsel in the Development of International Law” (April 13, 2017), in M. Hirsch and A. Lang (eds), Research Handbook on the Sociology of International Law, Edward Elgar, Forthcoming.
Abstract: This contribution seeks to identify the role of particular actors involved in international law-making – international legal counsel – those individuals involved in providing legal advice and litigating at international tribunals. In particular, the focus will be on the International Court of Justice (‘ICJ’). The ...

Gogarty, B., and P. Lawrence, “The ICJ Whaling Case: Missed Opportunity to Advance the Rule of Law in Resolving Science-Related Disputes in Global Commons?” (April 1, 2017), University of Tasmania.
Abstract: A number of treaties relating to the global commons include provisions which rely on science, or scientific research, without defining these terms. Disputes relating to what counts as genuine science and/or the appropriate responses to science are a feature of these regimes. Against this background ...

Caffi, M.T.I., “The Pact of Bogota: Cases and Practice” (March 2017), ACDI-Anuario Colombiano de Derecho Internacional, 10 (2017), pp. 85-116.
Abstract: The jurisdiction of the International Court of Justice (ICJ) under the Pact of Bogota (1948) is part of a system of norms attributing competence to the referenced tribunal along with other means of settlement. The system sets out principles and general exceptions applicable to all the means of peaceful ...

d'Aspremont, J., “The International Court of Justice and the Irony of System-Design” (March 13, 2017), Journal of International Dispute Settlement, 8 (2017), No. 2, pp. 366-387.
Abstract: The idea that international law constitutes a system is an unsurprisingly popular construction in the legal academy. This article argues that international lawyers have found in the International Court of Justice and its sources-based and rules-based modes of legal reasoning the support and the necessary ...

Cohen, H.G. (et al.), “Introduction: Legitimacy and International Courts” (March 2, 2017), in Legitimacy and International Courts, Cambridge University Press, Forthcoming ; University of Georgia School of Law Legal Studies Research Paper No. 2017-10; Dean Rusk International Center Research Paper No. 2017-04; PluriCourts Research Paper No.17-03.
Abstract, Legitimacy and International Courts examines the underpinnings of legitimacy, or the justification of the authority, of international courts and tribunals. Authors explore what strengthens and weakens the legitimacy of various different international courts, while also considering broader theories of court ...

Keith, K.J., “Challenges to the Independence of the International Judiciary: Reflections on the International Court of Justice”, Leiden Journal of International Law, 30 (2017), No. 1, pp. 137-154.
Abstract: The International Court of Justice and other international tribunals have a much more prominent role in settling international disputes than they did 50 years ago. It follows that the measures for the protection of the independence of the institutions and their members are even more important. Those ...

Grossman, N., “Solomonic Judgments and the International Court of Justice” (February 24, 2017), in forthcoming book on Legitimacy and International Courts, Cambridge University Press, 2017.
Abstract: This Chapter explores the relationship between legitimacy and Solomonic judgments. It suggests that Solomonic decision-making is a potential danger to the normative legitimacy of the ICJ when it exceeds the scope of States’ delegated authority and because it is inherently biased against parties with ...

Niyo, J.J., “An Analysis of the Case Law of the International Court of Justice on the Paradigm Shift in Jurisdiction and its Interaction with Other Critical Principles of International Law” (December 2016), Research Paper.
Abstract: On the international plane, there has been an increasing encroachment on the sanctity of the domaine réservé of states, through the necessity to extend the regular notion of territorial jurisdiction, extraterritorially. In this regard therefore, there has been a paradigm shift in the way that jurisdiction ...

Petersen, N., “The International Court of Justice and the Judicial Politics of Identifying Customary International Law” (November 29, 2016). Forthcoming in European Journal of International Law, 28 (2017); MPI Collective Goods Preprint, No. 2016/19.
Abstract: It is often observed in the literature on customary international law that the identification practice of the ICJ for customary norms deviates from the traditional definition of customary law in Art. 38 (1) lit. b of the ICJ Statute. However, while there are many normative and descriptive accounts on customary law ...

Khan, S.A, “The Issues of Admissibility Pertaining to Circumstantial, Contested, Classified, and Illicitly Obtained Evidence in the International Court of Justice” (November 15, 2016), Research Society of International Law Review, 1 (2017), No. 1, pp. 105-117.
Abstract: The ICJ has generally had a liberal stance towards the admissibility of evidence, however when it comes to evidence which is circumstantial, classified, or illicitly obtained the Court has deviated from this general rule. This article focuses on exactly these issues and tackles some specifics within these issues ...

Speech by H.E. Mr. Ronny Abraham, President of the International Court of Justice, on the Occasion of the Seventy-First Session of the United Nations General Assembly (October 27, 2016).
Abstract: In his speech, the President gave a brief overview of the judicial activities of the Court. During the period under review, up to 15 contentious cases had been pending before the Court, and that since 1 August 2015, hearings had been held in seven of these. President Abraham further stated that, during ...

De Brabandere, E., “The Use of Precedent and External Case-Law by the International Court of Justice and the International Tribunal for the Law of the Sea” (October 3, 2016), in Law and Practice of International Courts and Tribunals, 15 (2016), No. 1, pp. 24-55.; Grotius Centre Working Paper 2016/57-PIL.
Abstract: Despite the absence of any rule on binding precedent in international law generally, references to previous cases of both the Permanent Court of International Justice and the ICJ, and increasingly also case-law from other courts and tribunals, in the decisions of the ICJ and the International Tribunal for the Law ...

Chan, L., “The Dominance of the International Court of Justice in the Creation of Customary International Law” (September 2016), Southampton Student Law Review, 6 (2016), No. 1, pp. 44-71.
Abstract: In this article, the author seeks to challenge the rationale and justification for the ICJ’s undue influence over the identification of customary law. Although the Court is prescribed a subsidiary role for the determination of law in Article 38 (1)(d) of the ICJ Statute, it is apparent that the ICJ’s influence has ...

Alschner, W., and D. Charlotin, “The Growing Complexity of the International Court of Justice's Self-Citation Network: Institutional Achievement or Access-to-Justice Concern?” (August 30, 2016).
Abstract: Using state-of-the-art information extraction, this article identifies 1865 references of the ICJ to its own decisions or that of its predecessor between 1948 and 2013. We find that the ICJ self-citation network becomes increasingly complex. Citations are used more frequently and precedents grow more diverse. ...

Tomka, H.E. P. (et al.), “International and Municipal Law Before the World Court: One or Two Legal Orders?” (July 31, 2016), Polish Yearbook of International Law, 35 (2015), pp. 11-45.
Abstract: This article provides an overview of the approach taken by the International Court of Justice and its predecessor, the Permanent Court of International Justice, to questions of municipal law. Beginning with an outline of the theoretical framework, it discusses the conventional position that domestic law is a ...

Meshel, T., “A New Transboundary Fresh Water Dispute Before the International Court of Justice” (July 26, 2016), Water International, 41 (2016), Forthcoming.
Abstract: On 6 June 2016 Chile submitted its long-standing dispute with Bolivia concerning the Silala/Siloli watercourse to the International Court of Justice. Since 1997 Bolivia has contended that the watercourse is not international and that it therefore belongs exclusively to Bolivia. In its application Chile requested ...

Tzanakopoulos, A., and A. Ventouratou, “Nicaragua in the International Court of Justice and the Law of Treaties” (April 29, 2016), in E. Sobenes and B. Samson (eds.), Nicaragua before the International Court of Justice: Impacts on international Law, Forthcoming.
Abstract: This essay focuses on two main aspects: the first is the relationship between various principles and (or) maxims of interpretation and the customary rules of interpretation reflected in Articles 31-32 of the Vienna Convention on the Law of Treaties. The second is the relationship between treaty and ...

Welch, R. (et al.), "Assessing Bias in the International Court of Justice" (April 2016).
Abstract: As with most courts, there is an assumption that the ICJ acts in a fair and impartial manner and decides cases based on international law. Our project plans to test this assumption to determine whether the Court is truly impartial, or whether it decides cases on some other factor or factors. Building on ...

Powell, E.J. "Islamic Law States and the Authority of the International Court of Justice: Territorial Sovereignty and Diplomatic Immunity" (March 2, 2016), Law and Contemporary Problems, 79 (2016), No. 1, pp. 209-236.
Abstract: This article considers Islamic law states (ILS) as a least likely case for ICJ authority. The Court, already constrained by its specific jurisdictional design and choice of forum options, faces additional hurdles in building up its authority vis-à-vis ILS. Why and under what conditions are ILS willing to accept ...

Cohen, M., “On the Linguistic Design of Multinational Courts: The French Capture” (February 19, 2016), International Journal of Constitutional Law, 14 (2016).
Abstract: This article discusses the importance of language in the institutional design of European and international courts, which I refer to as “linguistic design.” What is at stake in the choice of a court’s official or working language? Picking a language has far-reaching consequences on a court’s composition and ...

Tabak, S., “Aspiring States” (January 14, 2016), European Society of International Law (ESIL) 2015 Research Forum (Florence).
Abstract: In a procedural shift out of character with the ICJ’s state-centric approach to international law, in two recent advisory opinions the Court has allowed non-state actors procedural access through oral and written submissions. With this paper I question why the Court has broken with previous procedure in ...

Kassoti, E, “Fragmentation and Inter-Judicial Dialogue: The CJEU and the ICJ at the Interface”, European Journal of Legal Studies, 8 (Winter 2015), No. 2, pp. 21-49.
Abstract: Focusing on the judicial aspect of the fragmentation debate, this article examines the extent to which the CJEU is willing to engage with external sources by directly citing the jurisprudence of the ICJ in cases involving questions of public international law. In its practice, the Court shows a high degree of ...

Young, M.A., and S.R. Sullivan, “Evolution Through the Duty to Cooperate: Implications of the Whaling Case at the International Court of Justice” (December 21, 2015), Melbourne Journal of International Law, 16 (2015), No. 2.
Abstract: International courts and tribunals face a special challenge when the treaty underlying a dispute was agreed in a distant past. How does (and should) the judicial branch allow for an evolution of international law that is responsive to major legal and social changes whilst remaining faithful to the ...

Madsen, M.R., “The New Sociology of International Courts” (December 15, 2015), ESIL Reflections, 4, No. 10.
Abstract: The author argues that a new generation of empirical sociology of international law has emerged, in particular, with respect to the study of international courts (IC) which reposes fundamental questions related to notions of institutions, the legitimacy of ICs and, particularly, their place in contemporary ...

Giorgetti, C., “The Challenge and Recusal of Judges of the International Court of Justice” (December 9, 2015), in ibid (ed.), Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals, Leiden, Brill/Nijhoff, 2015, pp. 3-33.
Abstract: The rules and mechanisms to challenge and recuse a judge of the International Court of Justice are unique and pertain to the control mechanisms proper to permanent international dispute resolution bodies, characterized by a plurality of representative, elected judges. Indeed, the Statute of the ICJ ...

Tomka, H.E. P., and V.-J. Proulx, “The Evidentiary Practice of the World Court" (November 20, 2015), in J.C. Sainz-Borgo (ed), Liber Amicorum Gudmundur Eiriksson, San José, University for Peace Press, 2016, Forthcoming.
Abstract: In this chapter, we canvass some key aspects of the evidentiary practice of the World Court, with the emphasis on recent developments. Our ambition is to provide insight into both the jurisprudential pronouncements of the Court on important evidentiary matters, and its institutional culture and practice …

Bedell, J., "On Thin Ice: Will the International Court of Justice’s Ruling in Australia v. Japan: New Zealand Intervening End Japan’s Lethal Whaling in the Antarctic?" (October 7, 2015), Columbia Journal of Environmental law, 41 (2015).
Abstract: In March 2014, the International Court of Justice declared that Japan’s whaling activity in the Antarctic did not satisfy the scientific exemption to a global whaling moratorium and ordered Japan to cease its current operations. Japan complied with the ICJ’s ruling and ended its expedition for that year ...

Bergkamp, L., “Adjudicating Scientific Disputes in Climate Science: The Limits of Judicial Competence and the Risks of Taking Sides” (October 4, 2015), Hunton and Williams, Working Paper.
Abstract: Following a judgment by a Dutch court that the government must step up the fight against climate change, a prominent international lawyer recently proposed that the International Court of Justice rule on climate science so that the scientific disputes in this area can be settled. The intent is to pave the way for ...

Maksymov, M., “Is the International Court of Justice an Option for Ukraine in Light of the Conflict with Russia?” (October 1, 2015), Current Affairs, Cambridge Journal of International and Comparative Law.
Abstract: On 4 July 2015, the Ukraine’s State Portal of Public Procurement issued Report no. 152973/5 “On results of negotiating public procurement procedure”, according to which Ukraine hired International Law Firm «Covington & Burling LLP» to work on the “protection of rights and interests of Ukraine in the ...

Tzeng, P., “Proving Genocide: The High Standards of the International Court of Justice”, (September 30, 2015), Yale Journal of International Law, Vol. 40, No. 2, 2015, Recent Developments.
Abstract: On February 3, 2015, the International Court of Justice rendered a final judgment in Croatian Genocide. As in Bosnian Genocide, the Court failed to justify the high standards of proof it applied to proving the dolus specialis of genocide.

Olorundami, F., “The ICJ and Its Lip Service to the Non-Priority Status of the Equidistance Method of Delimitation” (September 13, 2015), Cambridge Journal of International and Comparative Law, 14 (2015), No. 1.
Abstract: Since the first maritime boundary delimitation dispute before the International Court of Justice(ICJ) in the North Sea Continental Shelf Cases in 1969 to the most recent maritime delimitation judgment in Maritime Dispute (Peru v Chile), the Court has maintained that the equidistance method of delimitation ...

Dordeska, M., "The Process of International Law-Making: The Relationship between the International Court of Justice and the International Law Commission", The George University Law School (July, 2015).
Abstract: By identifying certain norms as custom without referring to the traditional evidence of State practice and opinio juris, international courts and tribunals have also contributed to the formation of customary international law. This paper presents an analysis of how the ICJ in particular, contributes to ...

Russo, D., “The Use of Proportionality in the Recent Case-Law of the ICJ” (June 4, 2015), in M. Andenas and G. Bianco (eds.), Proportionality in International Courts: Convergence in Law and Method?, Cambridge University Press, 2016 Forthcoming.; University of Oslo Faculty of Law Research Paper No. 2015-15.
Abstract: The paper explores the controversial role of proportionality as a method of judicial review of the actions of States in the recent case-law of the International Court of Justice. It moves from the hypothesis that the Court is improving the meaning and function of the requirement of reasonableness, in certain ...

d'Aspremont, J., “The International Court of Justice and Tacit Conventionality”, Questions of International Law = Questioni di diritto internazionale, 1 (2015), June, pp. 3-17.
Abstract: As is well-known, oral promises came to be accepted as a possible source of legal contents by the PCIJ in its decision in the famous Eastern Greenland case. This position was later endorsed by the International Court of Justice. The recognition of the possibility to generate legal normativity through ...

Nesheva, R., "100 Years of International Justice: Time to Consider a Reform of the International Court of Justice" (June 3, 2015), IALS Student Law Review, 2 (2015), No. 2, pp. 12-25.
Abstract: The ICJ is the principal judicial organ of the United Nations and as such it shall preserve the peace-making process and the dispute resolution in accordance with its mandate. However, it is left outside of the discussion for potential reform which is on the agenda of the United Nations for a long time. In ...

Gogarty, B., and P. Lawrence, “The ICJ Whaling Case: Science, Transparency and the Rule of Law” (May 31, 2015), Journal of Law, Information & Science, 23 (2014-2015), No. 2.
Abstract: The International Court of Justice (ICJ) Whaling Case was greeted by the popular press, particularly in Australia and New Zealand, as a win for "good science" as opposed to "bogus science". However, in this article we argue that a closer analysis of the decision reveals that the ICJ missed an opportunity to ...

Scovazzi, T., “Between Law and Science: Some Considerations Inspired by the Whaling in the Antarctic Judgment”, Questions of International Law = Questioni di diritto internazionale, 1 (2015), April, pp. 13-30.
Abstract: The judgment rendered on 31 March 2014 by the International Court of Justice (ICJ) on the Whaling in the Antarctic case raises the issue of scientific or technical matters in the proceedings before the ICJ. Usually guidance on such issues is given by experts. They can be appointed by the Court and, if so,...

Mbengue, M.M., “Between Law and Science: A Commentary on the Whaling in the Antarctic Case”, Questions of International Law = Questioni di diritto internazionale, 1 (2015), April, pp. 3-12.
Abstract: In this case, complex scientific issues were intertwined with legal issues. In such situations, especially when deciding mixed questions of law and fact, it is not easy to determine the respective roles of the Court and of the experts appointed either by the parties or by the Court. It is equally important to ...

Akande, D., and A. Tzanakopoulos, “The International Court of Justice and the Concept of Aggression” (March 31, 2015). Forthcoming, in Claus Kreß and Stefan Barriga (eds.), The Crime of Aggression: A Commentary, Cambridge, Cambridge University Press, 2015; Oxford Legal Studies Research Paper No. 27/2015.
Abstract: This paper reviews the contribution of the ICJ in defining the concept of aggression against the background of the Kampala Amendments to the 1998 Rome Statute of the International Criminal Court. It argues that the ICJ, while not contributing directly to the elaboration of the concept of aggression, has ...

Davis, K. M., “Hurting More than Helping: How the Marshall Islands' Seeming Bravery Against Major Powers Only Stands to Maim the Legitimacy of the World Court” (March 11, 2015), Minnesota Journal of International Law, 25 (2015).
Abstract: In April 2014, the Marshall Islands filed ten suits against the nine nuclear weapons states: one against each of the states at the ICJ, and one against the United States in a federal district court. Each suit essentially argued that the nuclear weapons states were in violation of the Nuclear Nonproliferation ...

ICJ on Twitter Click here!

  • 10-11-2017: PRESS RELEASE: #UNGA and #UNSC elect 4 members of the #ICJ for a term of office of 9 years beginning on 6 Feb 2018… https://t.co/OBxKmgkXEe link
  • 31-10-2017: WATCH AGAIN: speech of #ICJ President Ronny Abraham to #SixthCommittee of #UNGA on 27 Oct. https://t.co/0b0MwPCb91… https://t.co/nj0qgPshZ2 link
  • 27-10-2017: WATCH LIVE: speech of #ICJ President Ronny Abraham to #SixthCommittee of #UNGA https://t.co/e9U3aFtayf @UNWebTV @UN https://t.co/d5wWEh8zJx link
  • 27-10-2017: WATCH AGAIN: speech of #ICJ President Ronny Abraham to #UNGA on 26 October 2017 https://t.co/lMDlco211D @UNwebTV https://t.co/6hg2VLit2u link

New titles

The new titles section has been moved to a separate page.

Bibliography

Reference works

Books

Articles

2017

2016

2015

 

2014 and before

New titles

The Peace Palace Library has a collection of over a million publications. Each week, about six hundred new titles are added to our collection: books, articles, documents, online publications, etc. On this page, access is provided to this week’s new titles on the International Court of Justice itself, its activities and its decisions.


1. La labor hermenéutica de la Corte Internacional de Justicia en el fallo del diferendo territorial y marítimo entre Nicaragua y Colombia
La labor hermenéutica de la Corte Internacional de Justicia en el fallo del diferendo territorial y marítimo entre Nicaragua y Colombia = Legal interpretation by the ICJ in the territorial and maritime dispute between Nicaragua and Colombia / Alexander Cruz Martínez In: Estudios internacionales : revista del Instituto de Estudios Internacionales de la Universidad de Chile = ISSN 0716-0240: vol. 46, issue 178, page 111-131. - 2014
Keywords: Colombia, Nicaragua, International Court of Justice, Maritime boundaries, Delimitation, Sources of law, Legal hermeneutics and legal interpretation, Cases,

Librarian's choice

  • Xue, H., Jurisdiction of the International Court of Justice, Leiden, Brill/Nijhoff, 2017. Showcase item

    Xue, H., Jurisdiction of the International Court of Justice, Leiden, Brill/Nijhoff, 2017.

    The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law.  This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.

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  • Wojcikiewicz Almeida, P., and J.-M. Sorel (eds.), Latin America and the International Court of Justice: Contributions to International Law, London, Routledge, 2017.

    Wojcikiewicz Almeida, P., and J.-M. Sorel (eds.), Latin America and the International Court of Justice: Contributions to International Law, London, Routledge, 2017.

    This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region.

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  • Couvreur, P., The International Court of Justice and the Effectiveness of International Law, Leiden, Brill/Nijhoff, 2017.

    This publication, by Philippe Couvreur, Registrar of the International Court of Justice since 2000, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction. The book discusses the hopes and aims of creating a permanent, international tribunal for settling disputes between States, and the ICJ’s role in ensuring the effectiveness of the rule of law at the international level. Taking into account the characteristics of the international legal order, this work provides a description of the main achievements brought about in this respect by the creation of the ICJ; the basis and scope of its function as a judicial institution; its relationship with other means of settling disputes and its integration in the United Nations; and finally its substantial contribution in two areas of great significance for the promotion and strengthening of peaceful relations between States, namely the settlement of land and maritime disputes and the implementation of the law of State responsibility.

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  • Shaw, M.N., Rosenne's Law and Practice of the International Court, 1920-2015 (4 vols) (5th ed.), Leiden, Brill Nijhoff, 2016.

    Shaw, M.N., Rosenne's Law and Practice of the International Court, 1920-2015 (4 vols) (5th ed.), Leiden, Brill Nijhoff, 2016.

    The popularity of his monumental and definitive works established Shabtai Rosenne as the undisputed expert on the International Court of Justice’s law and practice of his time. Irrefutably the leading work on the Court, previous editions of Rosenne’s Law and Practice of the International Court have influenced generations of legal scholars, practitioners, judges, and students alike. The Fifth Edition, by Malcolm N. Shaw, combines his expertise as both an academic and practitioner to bring this monumental resource up-to-date while retaining Rosenne’s distinctive voice, erudition, and rigorous objectives. Preserving Rosenne’s focus on the caselaw of the Court, the Fifth Edition is supplemented with increased references to the leading academic literature, and, like the Fourth Edition, is divided into four volumes.

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  • Thirlway, H., The International Court of Justice, Oxford, Oxford University Press, 2016.

    Thirlway, H., The International Court of Justice, Oxford, Oxford University Press, 2016.

    Article 59 of the Statute of the International Court of Justice limits the force of each decision of that court to the parties and to the particular case. It has, however, become common knowledge that the jurisprudence of the International Court of Justice (ICJ) has made substantial contributions to the establishment and development of international law in a number of fields. A comprehensive study of the International Court of Justice, this book explains all aspects of this increasingly significant legal body, including an overview of the Court’s composition and its operation, its jurisdiction, its procedure, and the nature and impact of its jurisprudence.

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  • Devaney, J.G., Fact-Finding before the International Court of Justice, Cambridge, Cambridge University Press, 2016.

    Devaney, J.G., Fact-Finding before the International Court of Justice, Cambridge, Cambridge University Press, 2016.

    Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals includes, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.

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  • Weisburd, A.M., Failings of the International Court of Justice, New York, NY, Oxford University Press, 2016.

    Weisburd, A.M., Failings of the International Court of Justice, New York, NY, Oxford University Press, 2016.

    Failings of the International Court of Justice critically examines the jurisprudence of the International Court of Justice. Even though the legal instrument that establishes the Court provides that its judgments have no formal precedential value, those judgments are treated as authoritative by international lawyers throughout the world. In this book, A. Mark Weisburd argues that the Court's decisions are, in a large minority of cases, poorly reasoned and doubtful as a matter of law, and therefore ought not to be accorded the deference they receive. The book seeks to demonstrate its thesis by a careful review of the Court's errors. It begins with an examination of the law that created and empowered the Court. It then describes the body of law upon which the Court was intended to base its decisions, and the mistakes in the arguments supporting the Court's drawing legal rules from other sources. The book goes on to analyze in detail cases in which the Court has made serious legal errors, first addressing procedural errors, then turning to mistakes in the application of substantive international law. The book closes with a quantitative summing up of the Court's performance, and a tentative explanation for its relatively disappointing record.

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  • Johns, L., Strengthening International Courts: The Hidden Costs of Legalization, Ann Arbor, University of Michigan Press, 2015.

    Johns, L., Strengthening International Courts: The Hidden Costs of Legalization, Ann Arbor, University of Michigan Press, 2015.

    As all manner of commerce becomes increasingly global, states must establish laws to protect property rights, human rights, and national security. In many cases, states delegate authority to resolve disputes regarding these laws to an independent court, whose power depends upon its ability to enforce its rulings.
    Examining detailed case studies of the International Court of Justice and the transition from the General Agreement on Tariffs and Trade to the World Trade Organization, Leslie Johns finds that a court’s design has nuanced and mixed effects on international cooperation. A strong court is ideal when laws are precise and the court is nested within a political structure like the European Union. Strong courts encourage litigation but make states more likely to comply with agreements when compliance is easy and withdraw from agreements when it is difficult. A weak court is optimal when law is imprecise and states can easily exit agreements with minimal political or economic repercussions. Johns concludes the book with recommendations for promoting cooperation by creating more precise international laws and increasing both delegation and obligation to international courts.

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  • Quintana, J.J., Litigation at the International Court of Justice: Practice and Procedure, Leiden, Brill Nijhoff, 2015.

    Quintana, J.J., Litigation at the International Court of Justice: Practice and Procedure, Leiden, Brill Nijhoff, 2015.

    Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation. Quintana's approach is primarily empirical and emphasis is put on examples derived from actual practice. This book is mainly intended to help practitioners and advisors to governments engaged in actual cases and deliberately avoids theoretical discussions, favoring a pragmatic stance that is focused not so much on what authors have to say on any given topic concerning procedure, but rather on presenting, directly “from the Court’s mouth,” as it were, what ICJ judges actually have done and said over the last ninety years concerning such questions.

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  • Cancado Trindade, A.A., The Construction of a Humanized International Law: A Collection of Individual Opinions (1991-2013), Leiden, Brill Nijhoff, 2015.

    This volume is the sixth in the series, The Judges, which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume (Book 2) contains a selection of the opinions of Judge Antonio A. Cancado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering become a primary concern, is without doubt Antonio A. Cancado Trindade's major doctrinal contribution. Revisiting the traditional conceptions of compulsory jurisdiction, provisional measures, ‘locus standi’ and the international legal personality of the human person, limitations of access to justice in the light of ‘jus cogens’, amnesty laws and principles of reparation are but a few examples of the themes examined in the learned Opinions expressed by Judge Cancado Trindade at the Inter-American Court of Human Rights. The great achievement of Judge Cancado Trindade at the International Court of Justice has been to draw attention to this dimension and further its development in the case-law.

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  • Milanovic, M. and M. Wood (eds.), The Law and Politics of the Kosovo Advisory Opinion, Oxford, Oxford University Press, 2015.

    This volume is an edited collection of essays on various aspects of the 2010 Kosovo Advisory Opinion of the International Court of Justice. The main theme of the book is the interplay between law and politics regarding Kosovo's independence generally and the advisory opinion specifically. How and why did the Court become the battleground in which Kosovo's independence was to be fought out (or not)? How and why did political arguments in favour of Kosovo's independence (e.g. that Kosovo was a unique, sui generis case which set no precedent for other secessionist territories) change in the formal, legal setting of advisory proceedings before the Court? How and why did states supporting either Kosovo or Serbia choose to frame their arguments? How did the Court perceive them? What did the Court want to achieve, and did it succeed in doing so? And how was the opinion received, and what broader implications did it have so far? These are the questions that the book hopes to shed some light on. To do so, the editors assembled a stellar cast of contributors, many of whom acted as counsel or advisors in the case, as well a number of eminent scholars of politics and international relations whose pieces further enrich the book and give it an interdisciplinary angle. The book thus tells the story of the case, places it within its broader political context, and so attempts to advance our understanding of how such cases are initiated, litigated and decided, and what broader purposes they may or may not serve.

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Database

Blogs

  • International Court of Justice 70th Anniversary!

    On 20th April 2016, the International Court of Justice celebrated its seventieth anniversary with a solemn commemorative sitting at the Peace Palace, The Hague. King Willem-Alexander of the Netherlands attended the official ceremony. Speeches were given by Judge Ronny Abraham, the President of the ICJ, Mr Ban Ki-moon, Secretary-General of the United Nations, Mr Bert Koenders, Minister of Foreign Affairs and Mr. Antonio Gumende, Vice-President of the United Nations General Assembly.

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  • 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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