Islamic Law States and the International Court of Justice

2019 ◽  
pp. 202-238
Author(s):  
Emilia Justyna Powell
Keyword(s):  
United Nations ◽  
Islamic Law ◽  
Court System ◽  
Legal Tradition ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
International Adjudication ◽  
Advisory Opinions

This chapter focuses on the main judicial organ of the United Nations, the International Court of Justice (ICJ), and its relation to the Islamic milieu. It examines the Islamic milieu’s views of the Court’s compulsory and compromissory jurisdictions. The Court has been constructed according to the secular Western legal logic, and its jurisprudence rarely refers to the Islamic legal tradition. The chapter presents an analysis of the ICJ’s jurisprudence—judgments and advisory opinions—and the position of Islamic law-based arguments in the Court. Empirical analyses show that the Islamic milieu does not project a uniform attitude toward the ICJ. Depending on their domestic legal systems, some ILS are likely to accept the jurisdiction of the Court and some shy away from international adjudication. In particular, the presence of a secular court system and constitutional mentions of peaceful resolution of disputes promote a favorable attitude toward the ICJ among its Islamic audience.

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.”

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.

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.

A Legal Journey Through the UN, Academia, and the ICJ: Conversations with Dame Rosalyn Higgins DBE, JSD, FBA, QC

2015 ◽  
Vol 15 (2) ◽  
pp. 86-94 ◽  
Author(s):  
Lesley Dingle
Keyword(s):  
International Law ◽  
Formative Period ◽  
International Affairs ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Depth Interview ◽  
The Icj ◽  
Global Peace ◽  
International Adjudication

AbstractThis article, written by Lesley Dingle, is based upon an in-depth interview with Dame Rosalyn Higgins in March 2014. It highlights particular elements that characterise her contribution to legal scholarship and international adjudication, and should be read in the context of the biography presented in the Eminent Scholars Archive: http://www.squire.law.cam.ac.uk/eminent_scholars/dame_rosalyn_higgins.php. Dame Rosalyn Higgins was born in Kensington in 1937. She grew up in London during the Blitz and her matter-of-fact account of these times epitomised her later career: application to the task in hand, and a lack of a sense of expectation. After the War, she passed successively through grammar school, Girton College, Yale and the Royal Institute of International affairs, steadily immersing herself over fifteen years in the work of the United Nations during its formative period. It was on the UN's role as the global peace-keeper and international law-maker that she became the acknowledged authority. There followed a long period of formal academia (1978–95: Kent and LSE), during which she rose to high office. This experience further honed her scholarly and administrative instincts, and she was honoured in 1995 with a DBE. Later that year Dame Rosalyn was appointed to the Bench of the International Court of Justice – the first woman to rise to this position, and in 2006 was elected its President. She retired in 2009.

scholarly journals Precarious Finality? Reflections on Res Judicata in the Question of the Delimitation of the Continental Shelf Case

2019 ◽  
Author(s):  
Niccolo Ridi
Keyword(s):  
Continental Shelf ◽  
Nuclear Weapons ◽  
International Court Of Justice ◽  
Res Judicata ◽  
Court Of Justice ◽  
International Court ◽  
The World ◽  
The Icj ◽  
International Adjudication ◽  
Rare Situation

This article considers the approach to the res judicata principle taken by the International Court of Justice (ICJ) and, specifically, its application in its 2016 judgment on preliminary objections in the latest dispute between Nicaragua and Colombia. The judgment joins the small number of ICJ decisions in which the Court was evenly split, an altogether rare situation, which, at the time of the decision, had not occurred since the Nuclear Weapons Avisory Opinion. Intriguingly, such a fracture seems to have been prompted by differences over the operation of a procedural principle the understanding of which is comparatively uncontroversial. Upon closer analysis, however, the disagreement reveals that more significant questions were at stake, with members of the minority issuing a vocal joint dissent and several individual declarations. This study will move in three parts: first, it will provide an overview of the nature and purpose of the principle of res judicata, its application in international adjudication, and its use by the ICJ; second, it will analyse the Court’s reading of the principle in the case at issue; third, it will expose the broader implications of one such approach for the role and authority of the World Court and the international judiciary.

Part 4 Adjudication Within the United Nations System, 29 The International Court of Justice

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The Hague ◽  
Rules Committee ◽  
The United Nations ◽  
United Nations System ◽  
Nations System

This chapter begins by discussing the International Court of Justice (ICJ) as a principal organ of the UN. The ICJ is the only UN principal organ that has its seat in The Hague. It consists of a Bench, a Registry, and a modest but important staff. All judges, who have to be able to work in French or English, are expected to sit on one of the Court’s two major committees, the Rules Committee, and the Budgetary and Administrative Committee. The chapter covers the Bench of the ICJ, the Court’s functions, the ICJ as distinct from other principal organs; ICJ financing and the UN; the ICJ and other courts and tribunals; methods of work of the ICJ; and ICJ efficiency.

“Binding” Advisory Opinions of the International Court of Justice

1991 ◽  
Vol 85 (3) ◽  
pp. 439-451 ◽  
Author(s):  
Roberto Ago
Keyword(s):  
United Nations ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
Advisory Opinions

The advisory opinion handed down by the International Court of Justice on December 15, 1989, Applicability of Article VI, Section 22, of the Convention on the Privileges and Immunities of the United Nations, has revived the topicality of the possible dual application of the Court’s advisory procedure. This procedure, provided for in Article 96 of the Charter, is governed by Articles 65-68 of the Statute of the Court.

All’s Well That Ends Well. Or Is It? More on the Publications of the International Court of Justice

1990 ◽  
Vol 84 (2) ◽  
pp. 586-592
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
The Subject ◽  
The United Nations ◽  
American Society ◽  
Advisory Opinions

In 1987 I drew attention to a report published in 1986 by a member of the Joint Inspection Unit (JIU) of the United Nations, recommending a number of changes, some of them fundamental, in the presentation by the International Court of Justice of its judgments and advisory opinions. I indicated the principal objections that the Court had expressed on those recommendations, and pointed out that the implementation of some of them could constitute violations of the Charter, of which the Statute of the Court is an integral part. The matter was also the subject of a resolution adopted on April 9, 1987, by the American Society of International Law, reproduced in part in note 30 on page 695 of my Note. It is now possible to bring the story up-to-date and close an unfortunate chapter in the history of the Joint Inspection Unit.

Poland Accepts the Optional Clause of the ICJ Statute

1991 ◽  
Vol 85 (2) ◽  
pp. 374-375
Author(s):  
Renata Szafarz
Keyword(s):  
United Nations ◽  
Eastern Europe ◽  
Secretary General ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The United Nations

On September 25, 1990, Poland deposited a declaration with the Secretary-General of the United Nations accepting the compulsory jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2 of the Statute of the Court. It is the first country from Central or Eastern Europe to have done so and the fifty-second state now maintaining an effective declaration.

‘Killing Three Birds with One Stone’? The Preliminary Objections Judgments of the International Court of Justice in the Legality of Use of Force Cases

2005 ◽  
Vol 18 (2) ◽  
pp. 237-255 ◽  
Author(s):  
SIMON OLLESON
Keyword(s):  
United Nations ◽  
Use Of Force ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The United Nations

The ICJ in its judgments on the preliminary objections in the Legality of Use of Force cases held that it had no jurisdiction to hear the claims. Despite the unanimous concurrence in that result, it is clear that there were deep divisions within the Court as to the ground on which that decision should have been reached; only a bare majority subscribed to the reasoning that the Court was required to rule on the question of its jurisdiction ratione personae in relation to Serbia and Montenegro's uncertain status within the United Nations prior to 2000. The minority judges were highly critical of the choice of that basis of decision, in particular given its apparent implications for other cases pending before the Court.

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