Implementation of the Implied Powers Doctrine by the UN International Court of Justice

Armed Conflict ◽

Judicial Practice ◽

Court Of Justice ◽

International Court ◽

The Icj ◽

The One ◽

The article provides for an overview and analysis of the UN ICJ’s practice on implementation of the implied powers doctrine. Main Court’s cases (judgments and advisory opinions) related to this doctrine were examined (Reparation for Injuries Suffered in the Service of the UN (1949), Effect of Awards of Compensation made by the UN Administrative Tribunal (1954), Certain Expenses of the UN (1962), Legality of the Use by a State of Nuclear Weapons in Armed Conflict (1996), and Fisheries Jurisdiction (1998)). It is noted that the implied powers doctrine became an implementation of the principle of efficiency, which is well known in international judicial practice as the principle interpretatio fiеnda est ut res magis valeat quam pereat. It allows to interpret the charters of international organizations in a more ‘dynamic manner’. The implied powers doctrine, on the one hand, expands the limits of such interpretation, and on the other hand, it limits it. Its antipode is the doctrine of inherent powers that allows to make more broadly interpretation of the charters of international organization based only on its goals. In this connection a comparative analysis of two competing doctrines – of implied powers and inherent powers – is made. The author of the article examined the legal positions of the International Court of Justice that allow to the supporters of the inherent powers doctrine to assert that it has wide application. But, based on the methods of interpretation used by the ICJ in making these judgments and advisory opinions, he come to the conclusion that the Court fully supports exactly the implied powers doctrine.

10. Peaceful settlement of disputes

International Law Concentrate ◽

10.1093/he/9780198840978.003.0010 ◽

2019 ◽

pp. 128-143

Author(s):

Ilias Bantekas ◽

Efthymios Papastavridis

Keyword(s):

Dispute Settlement ◽

General Assembly ◽

Peaceful Settlement ◽

International Court ◽

The Icj ◽

Un General Assembly ◽

The One ◽

Settlement Of Disputes ◽

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary-General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.

House Approves Proposal Permitting ICJ to Advise Domestic Courts

The American Journal of International Law ◽

10.2307/2200866 ◽

1983 ◽

Vol 77 (2) ◽

pp. 338-340

Author(s):

Jack M. Goldklang

Keyword(s):

International Law ◽

House Of Representatives ◽

National Court ◽

Advisory Opinion ◽

Court Of Justice ◽

International Court ◽

Domestic Courts ◽

The Icj ◽

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.

Individuals in Advisory Proceedings Before the International Court of Justice: Equality of the Parties and the Court’s Discretionary Authority

The Law and Practice of International Courts and Tribunals ◽

10.1163/157180312x640679 ◽

2012 ◽

Vol 11 (2) ◽

pp. 253-279 ◽

Cited By ~ 2

Author(s):

Eric De Brabandere

Keyword(s):

Advisory Opinion ◽

Court Of Justice ◽

International Court ◽

Review Procedure ◽

The Icj ◽

Obvious Inequality ◽

Standing Question

Abstract The recent IFAD Advisory Opinion of the ICJ has resuscitated the long-standing question of the access of individuals to the Court in advisory proceedings when the Court is acting as a ‘review’ body for judgements rendered by administrative tribunals of international organizations. Under such circumstance, the ICJ is confronted with the existence of an actual underlying dispute between two parties, although only one of the parties to the original dispute may appear before the Court, thus creating an obvious inequality before the Court. This article examines the review procedure before the ICJ, and the position of the individuals before the ICJ in such proceedings. In particular, this article discusses the different inequalities resulting from such procedures, and how the ICJ has remedied these in order not to use its discretion to not reply to the request for an advisory opinion.

INTERNATIONAL ORGANIZATIONS: ISSUES OF FUNDING OF THEIR ACTIVITY

Journal of Foreign Legislation and Comparative Law ◽

10.12737/23524 ◽

2016 ◽

pp. 0-0

Author(s):

Анатолий Капустин ◽

Anatoliy Kapustin

Keyword(s):

United Nations ◽

Budget Process ◽

Legal Personality ◽

Court Of Justice ◽

International Court ◽

International Rights ◽

International Legal Personality

A few very important features of financial law of international organizations were consider in present article. The author puts forward an idea that funding of international organizations activities is an important element of the international legal personality of international organizations, because it allows them to ensure the necessary independence while executing their international rights and obligations and the exercise of their assigned functions. The main categories of financial law of international organizations were examined in article: the concept and types of incomes and expenses, the concept of budget process of the international organization in accordance with two ways of funding of international organizations settled in the XX century. Special attention was paid to the analysis of the obligations of Member States of an international organization to contribute to the organization’s budget. For these purposes, the analysis of the positions of judges of the International Court of Justice and the opinions of scientists on this issue in the context of the proceedings on certain expenses of the United Nations. The author has come to conclusion about necessity of the further study of the problems of the financial law of international organizations.

Notes on the International Court of Justice (Part 8)—Interim Accord (FYROM v. Greece) and the Settlement of the Macedonian Name Dispute: Knowing and Seizing upon Many Things or One Big Thing in Treaty Interpretation and International Dispute Settlement in General

Chinese Journal of International Law ◽

10.1093/chinesejil/jmz030 ◽

2019 ◽

Vol 18 (3) ◽

pp. 473-502

Author(s):

Sienho Yee

Keyword(s):

Dispute Settlement ◽

State Party ◽

Court Of Justice ◽

International Court ◽

International Dispute ◽

The Icj ◽

Treaty Interpretation ◽

Final Agreement ◽

The One

Abstract During the lead-up to the Final Agreement settling the Macedonian name dispute, apparently no or scant mention was made of the Interim Accord (FYROM v. Greece) case that FYROM brought in 2008 and won overwhelmingly in 2011 against Greece at the International Court of Justice (“ICJ” or the “Court”). This paper highlights the structure and main points of the ICJ judgment in the Interim Accord case and analyzes the part of the judgment on the main substantive issue. The paper argues that, even on its own terms, the Court’s judgment did not conduct the interpretation exercise to the full and further that the experience with the Court’s judgment in this case does flash a warning light to any decision-maker that it must not lose sight of “the one big thing”, which may vary from case to case, in a dispute settlement endeavor if it wants to have its decision implemented. This experience also teaches any State party in a dispute that it may have to know and unyieldingly seize upon the one big thing in the dispute settlement effort in order to achieve its goal.

The Absence of State Consent to Advisory Opinions of the International Court of Justice: Judicial and Political Restraints

Arab Law Quarterly ◽

10.1163/157302510x497330 ◽

2010 ◽

Vol 24 (2) ◽

pp. 191-207

Author(s):

Mahasen Aljaghoub

Keyword(s):

Main Role ◽

Advisory Opinion ◽

Court Of Justice ◽

International Court ◽

Integral Role ◽

The Icj ◽

Palestinian Territory ◽

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, (UN) and its Statute is an integral part of the UN's Charter. The court's integral role within the UN has largely been misunderstood especially in the way the court has viewed its advisory jurisdiction. The ICJ always asserts that the delivery of an advisory opinion represents its participation in the UN's work and thus, in the absence of compelling reasons, a request for an opinion ought not to be refused. Some commentators note that the principle that the ICJ must participate in the work of the Organisation might sometimes conflict with its judicial character, which might result in not embracing the philosophy of “judicial restraint” in the court's advisory jurisdiction. They also contend that the absence of consent in advisory cases has led the court to overlook its judicial restraint. This article argues that those commentators have overlooked the main role of the ICJ's advisory function in clarifying the law and providing guidance for future action by the UN organs, and has consequently called for applying the principle of consent as a condition for giving an advisory opinion on questions relating to disputes pending between States. In the present article, the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory opinion is analysed to see whether the absence of Israeli consent has undermined the ICJ's judicial character. The author is of the view that the court, as the principal judicial organ of the UN, should, by a cautious judicial policy, provide enlightenment to the UN and participate to achieving its goals while at the same time adhering to its judicial character.

The Procedure Before the International Tribunal for the Law of the Sea; The Rules of the Tribunal and Related Documents

Leiden Journal of International Law ◽

10.1017/s0922156598000405 ◽

1998 ◽

Vol 11 (3) ◽

pp. 565-594 ◽

Cited By ~ 2

Author(s):

Tullio Treves

Keyword(s):

Law Of The Sea ◽

International Tribunal ◽

Time Limits ◽

Judicial Practice ◽

Court Of Justice ◽

International Court ◽

The Law

The Rules of the International Tribunal for the Law of the Sea, adopted in October 1997 (together with the Resolution on Internal Judicial Practice and the Guidelines Concerning the Preparation and Presentation of Cases Before the Tribunal) follows the model of the Rules of the International Court of Justice with rather relevant differences. Some of these differences depend on the need of more expeditious and less expensive proceedings: in particular, the provisions introducing time limits and those in the Resolution on Internal Judicial Practice which eliminate in most cases the requirement of Notes by each judge. Others depend on the specific characteristics of the jurisdiction of the Tribunal. These include the provisions on intervention, on preliminary objections and proceedings, on provisional measures, on prompt release of vessels and crews, and on activities in the international seabed Area. In this category can also be included the provisions on the participation in proceedings by international organizations and natural and juridical persons.

Validity and Ultra Vires Acts

The Concept of an International Organization in International Law ◽

10.1093/oso/9780192895790.003.0010 ◽

2021 ◽

pp. 159-175

Author(s):

Lorenzo Gasbarri

Keyword(s):

Legal System ◽

Customary Law ◽

Court Of Justice ◽

Dynamic Interpretation ◽

International Court ◽

Legal Nature ◽

Two Parameters

The legal validity of the law produced by international organizations is a vexed issue. This chapter explores how it is affected by the absence of a comprehensive concept of an international organization. The functionalist perspective privileges a notion of ultra vires which refers to acts or actions of an international organization which overstep its attributed competences. Conversely, the constitutional perspective adopts a dynamic interpretation under which it is more difficult to determine the invalidity of a rule. First, the chapter describes how the International Court of Justice adopted an either/or approach based on the two conceptualizations. Afterwards, it applies the dual legal nature explaining how the rules have two parameters of legality, deriving from the international and the internal legal system. This finding is applied to the invalidity of a treaty caused by the violation of a rule and to the respect for customary law.

10. Peaceful settlement of disputes

International Law Concentrate ◽

10.1093/he/9780198803874.003.0010 ◽

2017 ◽

Author(s):

Ilias Bantekas ◽

Efthymios Papastavridis

Keyword(s):

Dispute Settlement ◽

General Assembly ◽

Peaceful Settlement ◽

International Court ◽

The Icj ◽

Un General Assembly ◽

The One ◽

Settlement Of Disputes ◽

This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve peacefully their disputes and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation or the ‘good offices’ of the UN Secretary-General and on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (e.g. compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor-State arbitration and in the World Trade Organization

7 Immunity, 7.3 Difference relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights , Advisory Opinion, [1999] ICJ Rep 62

10.1093/law/9780198743620.003.0042 ◽

2016 ◽

Cited By ~ 7

Author(s):

Wickremasinghe Chanaka

Keyword(s):

Dispute Settlement ◽

Advisory Opinion ◽

Special Rapporteur ◽

Legal Process ◽

Court Of Justice ◽

International Court ◽

National Jurisdiction ◽

The advisory opinion is one of the relatively few cases that have required the International Court of Justice to consider directly issues related to the immunity of an international organization (in this case the UN). It provides important guidance on how to delineate between activities that are pursued by the UN and its officials in an official capacity, which are therefore entitled to immunity, and activities which are pursued in some other capacity and therefore are subject to national jurisdiction. At a procedural level the case is significant as the first occasion on which the process of so-called ‘binding advisory opinions’ under art. VIII, Section 30 of the 1946 Convention on the Privileges and Immunities of the United Nations has been invoked, leading in itself to some interesting questions about the adaptation of the Court’s advisory jurisdiction to a more formal mode of dispute settlement.