Review Article - Non-Appearance before the International Court of Justice: Functional and Comparative Analysis. By Jerome B. Elkind. Dordrecht, Boston, Lancaster: Martinus Nijhoff Publishers, 1984. Pp. xiv, 233. Indexes. Dfl.110; $42; £27.95. - Non-appearance before the International Court of Justice. By H. W. A. Thirlway. New York and London: Cambridge University Press, 1985. Pp. 184. Index. $49.50.

1987 ◽  
Vol 81 (1) ◽  
pp. 237-254 ◽  
Author(s):  
Keith Highet
Keyword(s):  
New York ◽  
Comparative Analysis ◽  
Review Article ◽  
International Court Of Justice ◽  
Cambridge University ◽  
Court Of Justice ◽  
International Court

scholarly journals State Instigation in International Law: A General Principle Transposed

2019 ◽  
Vol 30 (2) ◽  
pp. 391-414
Author(s):  
Miles Jackson
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
General Principle ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Obligations ◽  
Comparative Survey ◽  
International Legal System ◽  
Domestic Law

Abstract It is widely believed that international law imposes no general prohibition on instigation – no general prohibition on states inducing, inciting or procuring other states to breach their international obligations. The absence of a prohibition on instigation stands in contrast to the now entrenched prohibition on the provision of assistance to another state that facilitates an internationally wrongful act. In this article, I argue that the orthodox position on instigation is incorrect. I argue that a prohibition on instigation is founded on a general principle of law, as envisaged in Article 38(1)(c) of the Statute of the International Court of Justice, and that it would be appropriate to transpose that general principle to the international legal system. To sustain this argument, I first construct a representative set of domestic jurisdictions for comparative analysis. Second, through a brief comparative survey, I assess whether in each of these domestic jurisdictions it is wrongful, in one way or another, for an actor to instigate another to commit an act that it would be wrongful for it to do itself. And, third, I argue that the transposition of this principle from domestic law to international law is conceptually and normatively appropriate.

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