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Vol 23 No 6 June/July 2018

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Advisory Opinions of the International Court of Justice


ISBN13: 9780854902323
To be Published: July 2018
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



This book provides a complete guide to the vital Advisory jurisdiction of the ICJ which is available to the UN General Assembly, Security Council and UN Specialised Agencies.

Subjects such as Treaty interpretation, privileges and immunities, legality of nuclear weapons, the legality of the "Wall" built by Israel in respect of the Occupied Territories have featured in the ICJ's Advisory Opinions.

The author explains why the Advisory Jurisdiction is a vital and important means for the continuous clarification and development of Public International Law. The book analyses the key features of an Advisory Opinion, the process and procedure for invoking the ICJ's jurisdiction, as well as the practice of the Court with reference to its leading Advisory Opinions.

The reader will find a complete schedule of all requests and answers delivered by the ICJ and its predecessor the PCIJ since 1922, as well as the relevant Rules and Practice Directions of the ICJ.

The author..[has] achieved the considerable feat of producing a book which manages to avoid the twin perils of technicality and over-simplification."
Sir Christopher Greenwood, GBE, CMG, QC
(Judge, International Court of Justice, 2009-2018)

Subjects:
Public International Law, Wildy, Simmonds and Hill
Contents:
Foreword by Sir Christopher Greenwood ix
I. INTRODUCTION 1
(A) Key statistics 2
(B) Significance of the advisory function 3
II. THE PRE-ICJ HISTORY OF THE
ADVISORY FUNCTION 5
KEY POINTS 6
III. KEY FEATURES OF THE ADVISORY
FUNCTION 7
(A) Binding vs Non-binding 7
(B) State Consent 9
(C) Purpose of the Advisory Function 10
(D) No powers of judicial review or appeal 11
KEY POINTS 14
IV. REQUESTING AN ICJ ADVISORY OPINION 15
(A) Who is authorized to request an Advisory Opinion 15
Limitations on the Advisory Opinion Request 16
(B) State involvement in initiating a request 18
(C) The General Assembly’s Rules of Procedure 19
(D) Filing the request for an advisory opinion 20
KEY POINTS 22
V. PROCEDURE RELATING TO AN
ADVISORY OPINION 23
(A) Applicable rules 23
(B) Summary of process 24
(C) Notification 24
(D) Written and Oral Submissions 24
(E) Preliminary matters 27
(F) Delivery of opinion 28
(G) Dissenting Opinions and Additional declaration 29
(H) Accelerated process 30
KEY POINTS 32
VI. SCOPE OF THE COURT’S JURISDICTION 33
(A) Political vs Legal question 34
(B) Domestic law vs International law 37
(C) Invalidity of or non-compliance with Resolution 38
(D) Requirement of consent 39
(E) Question within scope of requesting body’s activities
or ultra vires 41
KEY POINTS 46
VII. DISCRETION OF THE COURT 48
(A) Introduction 48
(B) The Starting point 48
(C) Lack of consent or opposition of concerned State
parties 50
(D) Is the advisory opinion process being used to
circumvent other processes or requirements? 52
(E) Political impact or pressure 52
(F) Inequality between parties 55
(G) Abstract nature of question/lack of purpose 58
(H) Lack of evidence 61
(I) Good faith/unclean hands 62
(J) Requesting entity acted ultra vires 62
KEY POINTS 65
VIII. TREATMENT OF THE QUESTION
AND ITS SCOPE 66
KEY POINTS 77
IX. EFFECT OF AND COMPLIANCE WITH AN ADVISORY OPINION 78
(A) Difficulties with Assessing the Extent of Compliance
with Advisory Opinions 78
(B) Compliance with Advisory Opinions by the Requesting
Entity 80
(C) Acceptance of the Advisory Opinion by the Requesting
Entity; Non-Acceptance by Concerned States 82
KEY POINTS 88
X. IMPACT OF THE ADVISORY OPINIONS ON INTERNATIONAL LAW 89
(A) Introduction 89
(B) Interpretation of Treaties and International
Agreements 89
(C) Treaty Relations 93
(D) The Rights, Obligations, Duties, Characteristics and
Powers of the United Nations and its Organs 94
(E) Privileges and Immunities of the United Nations and
its Officials 113
(F) International Obligations of Member States 120
(G) The Status and Obligations of International
Institutions 139
(H) International dispute resolution 140
(I) General Compliance with International Law 146
KEY POINTS 150
ANNEX 1 – UN CHARTER (CHAPTER XIV,
THE INTERNATIONAL COURT OF JUSTICE) 151
ANNEX 2 – STATUTE OF THE INTERNATIONAL
COURT OF JUSTICE 153
CHAPTER I – ORGANIZATION OF THE COURT 153
CHAPTER II – COMPETENCE OF THE COURT 162
CHAPTER III – PROCEDURE 165
CHAPTER IV – ADVISORY OPINIONS 170
CHAPTER V – AMENDMENT 172
ANNEX 3 – RULES OF COURT (1978) (AS
AMENDED IN 2005) 173
ANNEX 4 – THE COURT’S PRACTICE DIRECTIONS 222
ANNEX 5 – SCHEDULE OF ADVISORY OPINIONS 230

Series: Wildy's Legal Handbook Series

Conflicts of Interest in International Arbitration: An Overview ISBN 9780854901937
Published March 2016
Wildy, Simmonds and Hill Publishing
£19.95
Bilateral Investment Treaty Claims: The Essentials ISBN 9780854901944
Published March 2016
Wildy, Simmonds and Hill Publishing
£19.95
Public International Law Before the English Courts ISBN 9780854901951
Published March 2016
Wildy, Simmonds and Hill Publishing
£19.95