The Advisory Function of the International Court of Justice in an Historical Context

This chapter addresses the significance of the 1927 case of SS Lotus to assess jurisdiction in international law from a historical perspective. It situates the Lotus case in its historical context by considering the influence of the Westphalian legal order and Emer de Vattel’s understanding of state sovereignty on the Court’s judgment. The influence of both of these frameworks supports the positivistic stance taken by the Permanent Court of International Justice (PCIJ) in this decision, which remains present in the more recent jurisprudence of the International Court of Justice (ICJ). By examining the Lotus case, the chapter then looks at the theoretical assumptions that underpin state sovereignty and jurisdiction in international law.

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A view of the judgement and interpretation of the international court of justice in the temple of Preah Vihear case

Medjunarodni problemi ◽

10.2298/medjp1402051n ◽

2014 ◽

Vol 66 (1-2) ◽

pp. 51-70

Author(s):

Marko Novakovic ◽

Mihajlo Vucic

Keyword(s):

International Law ◽

Historical Context ◽

Legal Analysis ◽

International Court Of Justice ◽

Court Of Justice ◽

International Court ◽

Border Dispute ◽

Preah Vihear ◽

The Temple ◽

Recent Interpretation

On 11th November 2013, the International Court of Justice issued a judgment regarding the request for Interpretation of the Judgment of 15th June 1962 in the case concerning the Temple of Preah Vihear, a border dispute between the Kingdoms of Cambodia and Thailand. In this article, the authors have elaborated both the original judgment and its recent interpretation. They begin by providing the historical context that led to the dispute before the Court. The main part of the article is dedicated to the legal analysis of the judgment and its interpretation. Special attention is given to the Court?s manner of reasoning and the implications which this manner has for the substantial settlement of the dispute and the clarification of several principles of international law that deal with territorial delimitation between states on natural borders, but also to the wider jurisprudence of the Court in similar instances.

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

The Law and Practice of International Courts and Tribunals ◽

10.1163/15718034-12341400 ◽

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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