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  • 4 - The Institutional Context of the International Court of Justice

  • from Part I - The Role of the ICJ
  • Edited by Carlos Espósito, Universidad Autónoma de Madrid, Kate Parlett, Twenty Essex, London
  • Book:
    The Cambridge Companion to the International Court of Justice
    Published online:
    18 May 2023
    Print publication:
    06 April 2023, pp 86-100

  • Summary

    This chapter examines the institutional context of the Court. It focuses first on the Court’s function as a court, i.e. as the principal judicial organ of the United Nations. It then considers the Court’s relations with States, as an international court. Finally, he considers the Court’s institutional grounding as an organ of the United Nations, and examines its relationship with the United Nations. Professor Ginsburg argues that there is a gap between the Court’s formal institutional structures and its actual operation in practice, and emphasises in particular the way in which the Court has taken a central role in the development of international law.