Bringing Climate Change before the International Court of Justice: Prospects for Contentious Cases and Advisory Opinions

Author(s):  
Anders Henriksen

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court's jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court's decisions; the relationship between the Court and the UN Security Council; and the Court's competence to issue advisory opinions.


1983 ◽  
Vol 77 (2) ◽  
pp. 338-340
Author(s):  
Jack M. Goldklang

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.


1991 ◽  
Vol 85 (3) ◽  
pp. 439-451 ◽  
Author(s):  
Roberto Ago

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.


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