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Research Handbook on the International Court of Justice
This Research Handbook presents an in-depth examination of the International Court of Justice (ICJ) and its jurisprudence. Contributing authors dissect the global governance functions of the ICJ and its impact on national legal orders worldwide.
More Information
Critical Acclaim
Contents
More Information
This Research Handbook presents an in-depth examination of the International Court of Justice (ICJ). Contributing authors dissect the global governance functions of the ICJ and its impact on national legal orders worldwide.
Incorporating a comprehensive analysis of the key functions of the ICJ, including the attainment of international peace and law-making, leading experts situate the jurisprudence of the Court in a broader theoretical framework. They identify its core judicial practices, ranging from the assessment of factual evidence to engagement with geopolitics, human rights law and migration law. Chapters delineate its interactions with international and supranational criminal courts and judicial bodies, such as the International Tribunal for the Law of the Sea, the Court of Justice of the European Union and the Inter-American Court of Human Rights. Ultimately, this Research Handbook interrogates the centrality, power and authority of the ICJ and encourages further research in the field.
The Research Handbook on the International Court of Justice is an important resource for academics in public international law, international relations, political science and sociology. It will also benefit practitioners seeking to better understand the functions and jurisprudence of the ICJ as well as international dispute settlement more broadly.
Incorporating a comprehensive analysis of the key functions of the ICJ, including the attainment of international peace and law-making, leading experts situate the jurisprudence of the Court in a broader theoretical framework. They identify its core judicial practices, ranging from the assessment of factual evidence to engagement with geopolitics, human rights law and migration law. Chapters delineate its interactions with international and supranational criminal courts and judicial bodies, such as the International Tribunal for the Law of the Sea, the Court of Justice of the European Union and the Inter-American Court of Human Rights. Ultimately, this Research Handbook interrogates the centrality, power and authority of the ICJ and encourages further research in the field.
The Research Handbook on the International Court of Justice is an important resource for academics in public international law, international relations, political science and sociology. It will also benefit practitioners seeking to better understand the functions and jurisprudence of the ICJ as well as international dispute settlement more broadly.
Critical Acclaim
‘An especially rich collection of interventions and insights into the record of the International Court of Justice at a time of “hyperactivity,” as proclaimed by the editors in their introduction to this timeous work. Achilles Skordas and Lisa Mardikian have assembled an assured list of contributors to take forward topics both old and new—from the forms of authority of public international law in action to the possibility of decisions ex aequo et bono, from migration law and migration-related matters to the practice of self-legitimation, from the Court as progenitor of laws to agitator for progressive change. All is here in a major and most welcome addition to the literature on this most venerable of institutions that will reward the attentive reader hour upon reading hour.’
– Dino Kritsiotis, University of Nottingham, UK
‘At last a volume that explores the roles of the International Court of Justice in a broader context. Achilles Skordas and Lisa Mardikian have brought together a stellar cast of experts on the ICJ to illuminate its governance roles, judicial policies and place in the interaction with national and international courts. An achievement – not to be missed by anyone interested in the Court.’
– Nico Krisch, Geneva Graduate Institute, Switzerland
‘The Research Handbook on the International Court of Justice provides thought-provoking insights by leading academics and practitioners on how the International Court of Justice and its jurisprudence can be viewed in the contemporary world order. It deals with five topics: the Court’s functions; its judicial policies; its place in the system of international judicial adjudication; the reception of its jurisprudence by national legal orders; and finally, theoretical and sociological perspectives to the Court. Individual chapters offer critical reflections on the present state of affairs but also new ideas which contribute to the intellectual richness of the book. The Handbook thus provides new understandings of the place and role of the International Court of Justice in the contemporary world order and opens up space for further research. The editors should be congratulated for having produced such an excellent book.’
– Nicholas Tsagourias, University of Sheffield, UK
– Dino Kritsiotis, University of Nottingham, UK
‘At last a volume that explores the roles of the International Court of Justice in a broader context. Achilles Skordas and Lisa Mardikian have brought together a stellar cast of experts on the ICJ to illuminate its governance roles, judicial policies and place in the interaction with national and international courts. An achievement – not to be missed by anyone interested in the Court.’
– Nico Krisch, Geneva Graduate Institute, Switzerland
‘The Research Handbook on the International Court of Justice provides thought-provoking insights by leading academics and practitioners on how the International Court of Justice and its jurisprudence can be viewed in the contemporary world order. It deals with five topics: the Court’s functions; its judicial policies; its place in the system of international judicial adjudication; the reception of its jurisprudence by national legal orders; and finally, theoretical and sociological perspectives to the Court. Individual chapters offer critical reflections on the present state of affairs but also new ideas which contribute to the intellectual richness of the book. The Handbook thus provides new understandings of the place and role of the International Court of Justice in the contemporary world order and opens up space for further research. The editors should be congratulated for having produced such an excellent book.’
– Nicholas Tsagourias, University of Sheffield, UK
Contents
Contents
Introduction to the Research Handbook on the International Court of Justice 1
Achilles Skordas and Lisa Mardikian
PART I GOVERNANCE FUNCTIONS
1 The dispute settlement function of the International Court of Justice:
world order or transactional justice? 12
Eirik Bjorge and Andreas Motzfeldt Kravik
2 Advisory opinions in the UN decision-making process 30
Eran Sthoeger and Michael Wood
3 The International Court of Justice as a law-creative actor 52
Gleider Hernández
4 The International Court of Justice and the individual 72
Astrid Kjeldgaard-Pedersen
5 Majority and individual opinions: constructive dialogue or the worst of
two worlds? 91
Geir Ulfstein
PART II JUDICIAL POLICIES
6 The International Court of Justice and ‘progressive causes’ 105
Callum Musto and Antonios Tzanakopoulos
7 The International Court of Justice and the idea of liberal international law 142
Russell Buchan
8 Ex aequo et bono: the uses of the road never taken 166
Shai Dothan
9 The International Court of Justice and migration 180
Gregor Noll
10 Dealing with informational complexity: burden and standard of proof in
the jurisprudence of the International Court of Justice 193
Robert Kolb
PART III THE INTERNATIONAL COURT OF JUSTICE AND
SUPRANATIONAL JUDICIAL SYSTEMS
11 The International Court of Justice and the Law of the Sea dispute
settlement system 211
Sir Malcolm D. Evans and Nicholas A. Ioannides
12 The International Court of Justice and international criminal courts and
tribunals 245
Karin Oellers-Frahm
13 Benign neglect, anti-model or reverse learning? Tracing the
International Court of Justice’s influence on WTO dispute settlement 267
Jeffrey L. Dunoff
14 The International Court of Justice and the Court of Justice of the
European Union: between fragmentation and universality of international law 294
Jed Odermatt
15 The International Court of Justice and the European Court of Human Rights 320
Rainer Grote
16 The International Court of Justice and the Inter-American Court of
Human Rights 340
Paula Wojcikiewicz Almeida
PART IV THE INTERNATIONAL COURT OF JUSTICE AND THE
NATIONAL LEGAL ORDERS
17 The role and function of the International Court of Justice jurisprudence
in the Supreme Court of the United States 365
Oren Gross
18 The International Court of Justice and the courts of the United Kingdom 387
Nigel D. White
19 The International Court of Justice and Germany: a survey from the
perspective of international law and constitutional law 403
Andreas L. Paulus and Matthias Lippold
20 Russia, international law and the International Court of Justice 444
Iryna Marchuk
21 Islamic Law States and the International Court of Justice 473
Steve McDowell
22 Japan and the International Court of Justice 498
Dai Tamada
23 China and the International Court of Justice 522
Congyan Cai
24 The International Court of Justice and South Africa 547
Dire Tladi
PART V THEORETICAL PERSPECTIVES
25 The International Court of Justice as a discursive actor: mapping
self-legitimation in ICJ jurisprudence 566
Zuzanna Godzimirska
26 The International Court of Justice, mass media and international public
opinion 584
Daniel Joyce
Epilogue: the Delphic Oracle and a note on the beginnings 600
Achilles Skordas
Introduction to the Research Handbook on the International Court of Justice 1
Achilles Skordas and Lisa Mardikian
PART I GOVERNANCE FUNCTIONS
1 The dispute settlement function of the International Court of Justice:
world order or transactional justice? 12
Eirik Bjorge and Andreas Motzfeldt Kravik
2 Advisory opinions in the UN decision-making process 30
Eran Sthoeger and Michael Wood
3 The International Court of Justice as a law-creative actor 52
Gleider Hernández
4 The International Court of Justice and the individual 72
Astrid Kjeldgaard-Pedersen
5 Majority and individual opinions: constructive dialogue or the worst of
two worlds? 91
Geir Ulfstein
PART II JUDICIAL POLICIES
6 The International Court of Justice and ‘progressive causes’ 105
Callum Musto and Antonios Tzanakopoulos
7 The International Court of Justice and the idea of liberal international law 142
Russell Buchan
8 Ex aequo et bono: the uses of the road never taken 166
Shai Dothan
9 The International Court of Justice and migration 180
Gregor Noll
10 Dealing with informational complexity: burden and standard of proof in
the jurisprudence of the International Court of Justice 193
Robert Kolb
PART III THE INTERNATIONAL COURT OF JUSTICE AND
SUPRANATIONAL JUDICIAL SYSTEMS
11 The International Court of Justice and the Law of the Sea dispute
settlement system 211
Sir Malcolm D. Evans and Nicholas A. Ioannides
12 The International Court of Justice and international criminal courts and
tribunals 245
Karin Oellers-Frahm
13 Benign neglect, anti-model or reverse learning? Tracing the
International Court of Justice’s influence on WTO dispute settlement 267
Jeffrey L. Dunoff
14 The International Court of Justice and the Court of Justice of the
European Union: between fragmentation and universality of international law 294
Jed Odermatt
15 The International Court of Justice and the European Court of Human Rights 320
Rainer Grote
16 The International Court of Justice and the Inter-American Court of
Human Rights 340
Paula Wojcikiewicz Almeida
PART IV THE INTERNATIONAL COURT OF JUSTICE AND THE
NATIONAL LEGAL ORDERS
17 The role and function of the International Court of Justice jurisprudence
in the Supreme Court of the United States 365
Oren Gross
18 The International Court of Justice and the courts of the United Kingdom 387
Nigel D. White
19 The International Court of Justice and Germany: a survey from the
perspective of international law and constitutional law 403
Andreas L. Paulus and Matthias Lippold
20 Russia, international law and the International Court of Justice 444
Iryna Marchuk
21 Islamic Law States and the International Court of Justice 473
Steve McDowell
22 Japan and the International Court of Justice 498
Dai Tamada
23 China and the International Court of Justice 522
Congyan Cai
24 The International Court of Justice and South Africa 547
Dire Tladi
PART V THEORETICAL PERSPECTIVES
25 The International Court of Justice as a discursive actor: mapping
self-legitimation in ICJ jurisprudence 566
Zuzanna Godzimirska
26 The International Court of Justice, mass media and international public
opinion 584
Daniel Joyce
Epilogue: the Delphic Oracle and a note on the beginnings 600
Achilles Skordas
