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6 - The Jurisdiction of the Court

from Part II - The ICJ and International Dispute Settlement

Published online by Cambridge University Press:  18 May 2023

By
Jean-Marc Thouvenin
Edited by
Carlos Espósito  and
Kate Parlett
Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

This chapter addresses the Court’s jurisdiction in contentious cases and its jurisdiction in advisory opinions, using specific examples from the Court’s judgments and opinions. It considers whether a novel approach is needed to confer on the Court compulsory jurisdiction across a wider range of disputes.

Keywords

contentious jurisdictionadvisory jurisdictiondisputelegal questionjudgmentadvisory opinionaccess to the Courtconsentconsent by agreementoptional clause
Type
Chapter
Information
The Cambridge Companion to the International Court of Justice , pp. 123 - 146
Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Ago, Roberto, ‘Binding Advisory Opinions of the International Court of Justice’, 85 American Journal of International Law (1985) 439.CrossRefGoogle Scholar
Kolb, Robert, The International Court of Justice (Hart, 2013).CrossRefGoogle Scholar
Oda, Shigeru, ‘The Compulsory Jurisdiction of the International Court of Justice: A Myth? A Statistical Analysis of Contentious Cases’, 49 The International and Comparative Law Quarterly (2000) 251.CrossRefGoogle Scholar
Swiss Federal Department of Foreign Affairs FDFA, Directorate of International Law, Handbook on accepting the jurisdiction of the International Court of Justice; Model clauses and templates (2014).Google Scholar
Tomka, Peter, ‘The Special Agreement’, in Nisuke, A., McWhinney, E., Rüdiger, W. (eds), Liber Amicorum, Judge Shigeru Oda, Vol. 1 (Brill, 2002) 553.Google Scholar

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