The Advisory Function of the International Court of Justice 1946 - 2005

Cover
Springer Science & Business Media, 21.06.2007 - 285 Seiten
I am pleased to write these words by way of a foreword to Dr. Mahasen Alj- houb’s book “The Advisory Function of the International Court of Justice”. I do so with a sense of pride in the achievement of a fellow countrywoman and, me- phorically speaking, a sister in law. My pride is coupled with hope and a nascent optimism that she – and a group of young Jordanian academics, mostly recent graduates of universities in the United Kingdom – will contribute further and significantly to the teaching and d- semination of international law in Jordan and, if I do not strain hope by hoping too much, in a region in which, notwithstanding its past glory, the culture of law has for too long been superceded by the logic of power politics and unbridled raison d’état. My only hesitation in writing this foreword is that a particularly heavy Court schedule has permitted me only a chance at a perusal of the contents of the book. A perusal which, whilst more than casual, falls short of the serious study that it deserves. Yet, I can unhesitatingly concur with the verdict of the internal and - ternal examiners who praised Dr. Aljaghoub’s thesis (as it then was) for “its th- oughness, detail and authoritativeness on this important area of international law”.
 

Inhalt

CHAPTER THREE
7
CHAPTER SEVEN
8
The Advisory Function Prior to the Inception of International Courts
14
How Much Is It Changing?
28
Concluding Remarks
34
The Advisory Jurisdiction as Subject to the Courts Discretion
63
The Role of the ICJ as the Principal Judicial Organ
69
The Organisational Relationship Between the ICJ and the
76
The Contribution of ICJ Advisory Opinions to the Rules Governing
164
The Contribution of Advisory Opinions to the Interpretation
173
The Joint Competence of the Political Organs
185
Concluding Remarks
200
The Attitude of United Nations Member States Towards
201
Assessment of Frequently Cited Reasons for the Reluctance
207
Concluding Remarks
221
Review of Actions Taken by Requesting Organs upon a Rendered
228

CHAPTER FOUR
95
Judicial and Political Restraints and the Judicial Function
113
Concluding Remarks
120
The Process of Requesting an Advisory Opinion
132
The Legal Bases Relied Upon by the Court for DecisionMaking
143
Concluding Remarks
154
Concluding Remarks
236
The Usefulness of the Advisory Opinion to the United Nations
240
Towards the Future
253
Selected Bibliography 257 Appendix 1
279
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