The Role of the Permanent Court of International Justice (PCIJ) in the Formation of Advisory Competence of International Judicial Bodies

2021 ◽  
Vol 5 ◽  
pp. 57-66
Author(s):  
L. V. Pastukhova ◽  
◽  
A. P. Shumilenko ◽  
Keyword(s):  
International Law ◽  
League Of Nations ◽  
International Justice ◽  
Advisory Opinion ◽  
The Impact ◽  
Advisory Opinions ◽  
Advisory Function

The article is dedicated to the analysis of the role of the Permanent Court of International Justice (PCIJ) in the formation of the advisory competence of modern international judicial bodies. Тhe authors emphasize the historical connection named after of the corresponding articles of the Covenant of the League of Nations, the Statute of the Court (PCIJ) and the Rules of Court (PCIJ). We present a list of reasons for rejection of the request for an advisory opinion; the authors analyze to what extent are states bound by the advisory opinions. A special attention is paid to the review of the practice of implementation by the PCIJ of its advisory function and assessment of the impact of advisory opinions on the development of norms of international law.

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

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.

The Changing Role of the International Court

1985 ◽  
Vol 20 (2-3) ◽  
pp. 182-205 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
Western Europe ◽  
League Of Nations ◽  
International Justice ◽  
Russian Revolution ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
Changing Role

En s'efforçant, au lendemain de la guerre [1914 – 1918], de poser les bases d'une société de peuples régie par le droit, les fondateurs de cette communauté internationale nouvelle se rendaient pleinement compte qu'il ne saurait y avoir une société organisée sans un pouvoir judiciaire chargé de veiller, en dehors de toute préoccupation de politique et de force, à la stricte observation du droit. C'est dans cette conviction qu'ils ont prévu, dès l'origine, la création de la Cour permanente de Justice internationale.Feinberg in 1931Reviewing the history of the Permanent Court of International Justice and of the International Court of Justice from 1922—the World Court, a convenient but possibly misleading expression which embraces both the Permanent Court from 1922 to 1945 and the present International Court of Justice established as an integral part of the United Nations since—four clearly separated periods can be discerned. They run from 1922 to 1931, 1932 to 1940, 1946 to 1966, and from 1967 onwards.The establishment of the League of Nations and the Permanent Court after a cataclysmic war in Europe and the awe-inspiring Russian Revolution released a wave of euphoria upon the exhausted and war-weary peoples of what is now known as Western Europe, and they placed great hopes in the new League and Court.

scholarly journals Advisory competence on international law of the International Court of Justice: theoretical and practical issues

2021 ◽  
pp. 136-145
Author(s):  
Huu Phuoc Him ◽  
Thi Kim Kook Nguyen
Keyword(s):  
International Law ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court

This article analyses, clarifi es the theoretical and practical issues of the advisory capacity of the International Court of Justice. Thereby, highlighting the role of the International Court of Justice in the development compliance and enforcement of international law from 1945 to now. Keywords: Jurisdiction, advisory opinion, International Court of Justice, international law.

The Impact of the Human Rights Act on Advocacy

2013 ◽  
Author(s):  
Rabinder Singh
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Third Party ◽  
Human Rights Act ◽  
The Impact

This chapter reflects on the impact of the Human Rights Act (HRA) in its first 10 years on litigation and, in particular, on advocacy. It suggests that the impact has been important but not revolutionary: the HRA has fitted into the existing legal landscape and has not required radical changes to the rules on procedure and evidence. It examines four areas in which its impact can be felt: the nature of the evidence required in human rights cases; disclosure and candour in judicial review proceedings; the increased need for cross-examination of witnesses; and the role of third-party interveners because human rights cases tend to raise issues of importance to the wider public. Finally, it examines the increasing importance of international law in domestic cases, which can be attributed in part to the impact of the HRA.

Regulation

2020 ◽  
pp. 372-381
Author(s):  
Lawrence Gostin
Keyword(s):  
Public Health ◽  
International Law ◽  
Legal Change ◽  
The Face ◽  
Public Health Officials ◽  
The Law ◽  
The Impact

The objectives of this chapter are to help you understand: the impact of legislation, regulations, and litigation on the public’s health; the powers, duties, and restraints imposed by the law on public health officials; the potential of legal change to improve the public’s health; the role of international law and institutions in securing public health in the face of increasing globalization.

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.

Part VI Recurrent Issues of Harmonization, 20 The Sphere of Application of a Convention; the Role of the Conflict of Laws; Determining the Connecting Factor; Co-Existence and Conflicts of Instruments

2015 ◽  
Keyword(s):  
International Law ◽  
Past Experience ◽  
Private International Law ◽  
Commercial Law ◽  
Conflict Of Laws ◽  
Key Issues ◽  
Proper Design ◽  
The Impact

This chapter and the next two examine certain key issues which one may describe as the ‘general doctrines’ of transnational commercial law. In particular, the inter-relationship with rules of conflict of laws (private international law), the different function of the ‘connecting factor’ as well as the impact of the choice of a broader or narrower sphere of application are discussed in the light of past experience and current legislative preferences. Moreover, the ever increasing number of transnational commercial law instruments leads inevitably to issues of the proper design of their co-existence and the solution of conflicts: which are the rules determining which instrument shall prevail over others touching upon the same or neighbouring issues?

The Role of State Amici Curiae in the Article 19(3) ICC Statute Proceedings

2020 ◽  
Author(s):  
Sarah Williams ◽  
Hannah Woolaver
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Law And Politics ◽  
State Participation ◽  
The Impact ◽  
Controversial Nature

Abstract An unprecedented number of states have sought to act as amici curiae in the proceedings before the Pre-Trial Chamber of International Criminal Court (ICC) considering the Court’s jurisdiction over alleged crimes committed in Palestine. Given the centrality of the issue of Palestinian statehood to this jurisdictional question, these proceedings raise complex and novel questions of international law — and politics. The high number of states seeking to participate as amici either individually or through international organizations reflects the controversial nature of the questions at hand. Conversely, Israel has refused to participate in the proceedings, despite an invitation from the Chamber. In this submission, we consider the challenges raised by state participation as amici curiae, including the role(s) played by state amici, and the impact — if any — such extensive participation has on the legitimacy of the proceedings and its outcome(s) and for the ICC as an institution.

A Bird’s-Eye View of Arctic Governance: Reflecting on the Role of International Law in Arctic Cooperation from a Bird Conservation Perspective

2009 ◽  
Vol 1 (1) ◽  
pp. 401-426
Author(s):  
Arie Trouwborst
Keyword(s):  
International Law ◽  
Environmental Governance ◽  
Legal Framework ◽  
The Arctic ◽  
Bird Conservation ◽  
Uria Lomvia ◽  
Ivory Gull ◽  
The Impact ◽  
Binding Agreement

Abstract This article discusses the role of international law in environmental governance in the Arctic. It does so from the perspective of bird conservation. Challenges in the latter field are introduced, including the impact of climate change on Arctic bird habitats and the incidental mortality of seabirds in Arctic fisheries. The ability of the current international legal framework in the Arctic to meet these challenges is scrutinised, and future scenarios for its enhancement are explored, including the conclusion of (a) new legally binding agreement(s). Five species receive particular attention as part of this exercise: gyrfalcon (Falco rusticolus), ivory gull (Pagophila eburnea), spoon-billed sandpiper (Eurynorhynchus pygmeus), Kittlitz’s murrelet (Brachyramphus brevirostris) and Brünnich’s guillemot (Uria lomvia). Special attention is also devoted to the issue of seabird bycatch.

scholarly journals INTERNATIONAL PROTECTION OF THE LANGUAGE RIGHTS OF MINORITIES IN THE 19th – THE FIRST HALF OF THE 20th CENTURY

2019 ◽  
pp. 22-28
Keyword(s):  
International Relations ◽  
20Th Century ◽  
Minority Rights ◽  
League Of Nations ◽  
International Justice ◽  
Peace Treaty ◽  
Upper Silesia ◽  
International Protection ◽  
National Minorities

The article discusses regulatory efforts of states to protect the rights of national minorities. The focus is on the role of the League of Nations and the treaties on minorities concluded with Poland (1919), Czechoslovakia (1919), the Serbo-Croat-Slovenian state (1919), Romania (1919) and Greece (1920), as well as the peace treaties that formed the basis of the Versailles-Washington system of international relations in Europe in 1919– 1922 (the 1919 Peace Treaty between the Allied and United Powers and Germany, the 1919 Saint-Germain Peace Treaty, the 1919 Neisk Peace Treaty, the 1920 Trianon Peace Treaty, the 1920 Sevres Peace Treaty). The contribution of the Permanent Court of International Justice to the protection of minority rights is noted (the case of minority rights in Upper Silesia, the case of minority schools in Albania, the case of eviction of German minorities in Poland).

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