Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-4rdpn Total loading time: 0 Render date: 2024-11-09T20:16:43.639Z Has data issue: false hasContentIssue false

10 - The Court's role in relation to international organizations

Published online by Cambridge University Press:  02 November 2009

Vaughan Lowe
Affiliation:
University of Cambridge
Malgosia Fitzmaurice
Affiliation:
Universiteit van Amsterdam
Get access

Summary

To have the principal judicial organ of the United Nations more often employed with respect to the legal components of situations with which the United Nations is concerned would, quite apart from its possible contribution to solving a dispute or situation, also do immense good for international law.

Speech by Sir Robert Yewdall Jennings to the UN General Assembly: UN Doc. A/46/PV.44 at 6–23 (1991)

The integration of the Court into the United Nations system as its ‘principal judicial organ’ conveys little of what, conceptually, it was designed to achieve. One aim would be that it should be the normal means of settling legal disputes between member states, and this aim finds some reflection in articles 36(3), 93 and 94 of the Charter. A quite different aim would be that it should give legal advice to the UN organs as regards the performance of their functions, with the emphasis being on the needs of those organs for this assistance. A third, and again quite different, aim would be to have the Court act as an organ of judicial review, with the emphasis being on the need of member states to ensure that the UN organs confined themselves to those powers that had been conferred on them by the constituent treaty.

Clearly, article 96 of the Charter, and chapter IV of the Court's Statute, adopt the second concept – the advisory role – and not the third.

Type
Chapter
Information
Fifty Years of the International Court of Justice
Essays in Honour of Sir Robert Jennings
, pp. 181 - 192
Publisher: Cambridge University Press
Print publication year: 1996

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×