ICJ

1. International Law
and the ICJ
The Political Effectiveness of the United
Nations, 1945-2000

2. Syllabus

3. What is International Law?
 International law:
 Public international law
 Set of principles, customs, and rules that
governs relations between states
 Private international law
 Regulates relations between private persons of
different nationalities

4. What is International Law?
 Much of it is consent-based:
 E.g. Kyoto Protocol on Climate Change
(1997)
Jus Cogens = norms of international law that
must be followed, even if no consent is given
 E.g. Prohibition on genocide, torture, human
trafficking, etc.

5. What is International Law?
 No governmental police or military force to
enforce it (major difference between
international and domestic law):
 No central authority ≠ no mechanisms to
ensure compliance
 E.g. Reputation, counter-measures, UNSC, etc.

6. The International Court of
Justice
 Functions:
 Provide non-binding advisory opinions on
legal issues submitted to it by UN bodies and
agencies, e.g. GA and SC
 Settle disputes submitted to it by states, who
must agree to its binding ruling (contentious
cases)

7. The International Court of
Justice
 Contentious cases
 If parties do not comply with the ICJ’s ruling,
the issue may be taken before the SC for
enforcement action (if international security
is at stake)
 What if the non-compliant party is a SC
permanent member?
 E.g. Nicaragua v. United States case

8. The International Court of
Justice
 Limitations on effectiveness
 Issues can only be tried by ICJ if states bring
them up to it
 ICJ’s decisions can be ignored by states