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3 - The Role of the International Court of Justice in the Development of International Law

from Part I - The Role of the ICJ

Published online by Cambridge University Press:  18 May 2023

By
Dire Tladi
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

The chapter deals with the role of the ICJ in the development of international law from both a doctrinal and a practical perspective. It considers concrete examples of the way in which the Court’s judgments and opinions have had an influence on the development of international law, and it concludes that the Court has in practice had a significant impact on the development of international law, even though that goes beyond its core mandate.

Keywords

development of international lawInternational Law Commissionjudgmentsadvisory opinionsstare decisiserga omnes obligationsPeremptory Norms of General International LawJus Cogensimmunity ratione personae, use of force against non-State actors
Type
Chapter
Information
The Cambridge Companion to the International Court of Justice , pp. 68 - 85
Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Frulli, Michaela ‘“Time Will Tell Who Just Fell and Who’s Been Left Behind”: On the Clash between the International Court of Justice and the Italian Constitutional Court’ 14 Journal of International Criminal Justice (2016) 587.CrossRefGoogle Scholar
Hernandez, Gleider The International Court of Justice and the Judicial Function (Oxford, 2014).CrossRefGoogle Scholar
Mistry, Hemi ‘“The Different Sets of Ideas at the Back of our Heads”: Dissent and Authority at the International Court of Justice’ 32 Leiden Journal of International Law (2019) 293.CrossRefGoogle Scholar
Nouwen, Sarah M. H. ‘Return to Sender: Let the International Court of Justice Justify or Qualify International-Criminal-Court Exceptionalism Regarding Personal Immunities’ 78 Cambridge Law Journal (2019) 596.CrossRefGoogle Scholar
Nucup, Neil B. ‘Infallible or Final? Revisiting the Legitimacy of the International Court of Justice as the “Invisible” International Supreme Court’ 18 The Law and Practice of International Courts and Tribunals (2019) 145.CrossRefGoogle Scholar
Park, Leo ‘The International Court and Rule-Making: Finding Effectiveness’ 39 University of Pennsylvania Journal of International Law (2018) 1965.Google Scholar
Rosenne, Shabtai ‘International Court of Justice’ Max Planck Encyclopedia of Public International Law (online 2006).Google Scholar
Tams, Christian and Sloan, James (eds.) The Development of International Law by the International Court of Justice (Oxford, 2013).Google Scholar

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