Compliance with final judgments of the international court of justice since 1987 article in the american journal of international law 983. Monitoring compliance with and enforcement of binding. Thus, the first significance of this thesis lies in dearth of the authoritative legal literature on this topic. Both within national and international legal systems, however, implementation of adjudicated decisions is itself an enforcement problem. Article 8 the united nations shall place no restrictions. Commentators on the international court ofjustice icj note that cases of. Any doubt on this point shall be settled by the decision of the court. This analysis can serve not only to understand international judicial powers, but also to aid in distinguishing international courts from nonjudicial treaty bodies and other international institutions concerned with compliance. Monitoring compliance with and enforcement of binding decisions. No member of the court may act as agent, counsel, or advocate in any case. The main objective of this book is to study the law, practice and prospects of compliance with the decisions of the international court of justice icj.
Compliance with decisions of the international court of justice constanze schulte oxford university press. Compliance with decisions of the international court of justice. Compliance with final judgments of the international court. Icj judgments and provisional measures from the corfu channel. Judge oda was a member of the icj for over a quarter of a century. Llamzon, jurisdiction and compliance in recent decisions of the international court of justice,18eur. R the dominance of the international court of justice vol.
Pdf jurisdiction and compliance in recent decisions of. Compliance with the judgments and decisions of the court 3. Competence of the international court of justice this part is focusing on the description of the international court of justice, it regards to the organizational structure of the court and its. United states, international court of justice and united nations. Compliance with final judgments of the international court of. Each member of the united nations undertakes to comply with the decision of the international court of justice in any case to which it is a party. The united states of america 1986 was a case where the international court of justice icj held that the u. Schulte, compliance with decisions of the international court of justice 2004, at 1. Moreover, if the parties agree, the court can decide. The icj is an institution whose decisions are accorded a great deal of respect by the international community, a fact demonstrated by the relatively highrates of compliance with its decisions. The gambia vs myanmar rohingya genocide pdf version icj decisions rohingya 17820200123sum0100. An overview of the challenges facing the international.
Colas position statement on the referendum on belizeguatemala territorial adjudication at the international court of justice icj. Uns top court orders myanmar to protect rohingya from. Compliance with international court judgments and decisions. This book examines the compliance record of state parties to proceedings before the international court of justice icj, the principal judicial body of the united nations. Dr schulte began her study of state compliance with icj judgments thus. Critical analysis on the ineffectiveness of the icj in the. Ensuring compliance with judgments of the international court of justice, l. Jurisdiction and compliance in recent decisions of the international court of justice 817 the notion that greater acceptance of icj compulsory jurisdiction 9 has occurred or is forthcoming is, of course, hopelessly utopian, especially in light of the last 60 years. Jurisdiction and compliance in recent decisions of the international court of justice. Form, function, and the powers of international courts. The court s advisory jurisdiction as part of its judicial function select bibliography part iii the international court of justice and the peaceful settlement of international disputes 1. Compliance with decisions of the international court of.
Icj judgments and provisional measures from the corfu channel case. The international court of justice and the effectiveness. This title examines the compliance record of states parties to proceedings before the international court of justice icj, the principal judicial body of the united nations. The effectiveness of the international court of justice. Often we speak as if international courts were a form of enforcement. Gross, the future of the international court of justice 1976 276. The decision of the international court of justice of december 1999 in the dispute between botswana and namibia concerning the island known to the former as sedudu and the latter as kasikili is. How the court works international court of justice.
It undertakes a comprehensive analysis of the followup of the icjs judgments and interim measures from the court s creation in 1945 until the present day. Why comply and analysis in trends in compliance with judgements of the international court of justice since nicaragua. Oxford university press, 2004 par sebastien jodoin over the past decade, the international legal system has been marked by an increase in the activities, prominence and workload of international courts and tribunals. Decisions of the international court of justice 403 philippe sands et al. Text of international court of justice provisional. Evidence from the european court of justice 2008 4 american political. No member may participate in the decision of any case in which he has previously taken part as agent, counsel, or advocate for one of the parties, or as a member of a national or international court, or of a commission of enquiry, or in any other capacity. In contrast to the icj, the european court of justice ecj has already had a clear and direct impact on the development of the environmental law of the european community. Jurisdiction and compliance in recent decisions of the international. One striking example is the international court of justice. Compliance with decisions of the international court of justice is an important contribution to the scholarship bearing on international courts and tribunals. Compliance is not always a straightforward or likely outcome. It undertakes a comprehensive analysis of the followup of the icjs judgments and interim measures from the courts. This book examines the compliance record of state parties to proceedings before the international court of justice icj, the principal judicial body of the united.
After explaining the legal basis for the obligation of compliance and the enforcement of icj decisions, the book analyses all decisions that gave rise to an. Jurisdiction and compliance in recent decisions of the. In a momentous and unanimous decision, the international court of justice icj in the hague imposed emergency provisional measures on the. Its comprehensive treatment of the political and legal followup to the decisions of the icj make it a useful reference tool. Problems of enforcement of decisions of the international. International institutions are plagued by too many expectations and too little power. In a country in which the rule of international law was respected, enforce. The ecj resolves disputes over interpretations of the eu treaties and obligations flowing from them.
Part ii examines state compliance with each finaljudgment on the merits since 1987, including five cases of partial compliance and seven cases of full compliance. In the court s view, these statements suggested the existence of a divergence of views. This book examines the compliance record of states parties to proceedings before the international court of justice icj, the principal judicial body of the united nations. Bearing in mind the unprecedented increase interest in international dispute settlement which can be explained by the phenomenon of. The international court of justice icj announced that it will hold public hearings starting on 1 december 2009 on the question of kosovos.
International court of justice sets date for public hearings on kosovo independence. Constanze schulte, compliance with decisions of the international. Jurisdiction and compliance in recent decisions of the international court of justice 831. Through its opinions and rulings, it serves as a source of international law. Compliance with decisions of international courts as. At present there are two global judicial institutions, the icj estab lished under the charter of the united nations and the international. Human rights in united states, international court of justice, united nations, data protection, human rights, compliance. Negotiations and the judicial settlement of disputes 2.
Such subsidiary organs as may be found necessary may be established in accordance with the present charter. Between 1922 and 1940 it dealt with 29 contentious cases brought to it by countries, and it gave 28 advisory opinions to the council of the league of nations. Text of international court of justice provisional judgement. On 17 january 1974, the court decided that, despite the similarity of the issues in the two cases, it would not join them. Its prestige and activity have reached unprecedented heights.
Monitoring compliance with and enforcement of binding decisions of international courts joseph sinde warioba the very essence of global governance is the capacity of the international community to ensure compliance with the rules of society. International court of justice project on international courts and tribunals. The international court of justice hereinafter, the icj or the court is the. Compliance with decisions of the international court of justice 2004, at 1. The dominance of the international court of justice in the. This work examines the compliance record of states parties to proceedings before the international court of justice icj, the principal judicial body of the united nations. The composition of the court the international court of justice is an offshoot of the permanent court of international justice pcij.
Llamzon, jurisdiction and compliance in recent decisions of the international court of justice, 18 eur. International environmental disputes international. The international court of justice and the law of the sea. Enforcement of international judicial decisions of the. International court of justice, and that myanmar delivered an address two days later, characterizing the factfinding mission reports as biased and flawed, based not on facts but on narratives. The full judgment of the international court of justice on the merits in those proceedings appears in icj reports 1974 at p. It undertakes a comprehensive analysis of the followup of the icjs judgments and interim measures from the courts creation in 1945 until the present day. Compliance with final judgments of the international court of justice since 1987, 98 ajil 434 2004. The enforcement of decisions of the international court of justice may involve problems that touch upon some of the most delicate areas of both public international law, and the law of the united nations, at a time when these two systems of law can hardly be considered as totally separate from each other. By analysing the icjs final decisions since the landmark case of nicaragua v. This chapter begins with a discussion of the focus of the book, which is to assess the extent to which states participating in icj proceedings have respected their obligation to comply with the decisions of the court and the lessons that can be drawn for the future. Permanent court of international justice pcij was created in 1920 alongside the league of nations.