NCJ Number
45660
Date Published
1976
Length
168 pages
Annotation
THIS EXAMINATION OF THE ACTUAL PERFORMANCE OF THE INTERNATIONAL COURT OF JUSTICE, ESTABLISHED BY THE UNITED NATIONS AS AN 'ALTERNATIVE FOR THE VICISSITUDES OF WAR,' CONCLUDES THAT FEW VIABLE ISSUES HAVE BEEN SETTLED BY IT.
Abstract
THIS HISTORY OF INTERNATIONAL COURTS OF LAW, GOING BACK TO THE HAGUE CONFERENCE OF 1907, IS FOLLOWED BY A DETAILED EXAMINATION OF THE WORK OF THE INTERNATIONAL COURT OF JUSTICE. CHARTS GIVE AN OVERVIEW OF THE COURT'S ACTIVITY, LIST COUNTRIES WHICH HAVE HAD CASES IN THE COURT, AND SUMMARIZE DISPOSITION OF THOSE CASES. DURING THE PAST 30 YEARS THE COURT HAS MADE A JUDGMENT ON 26 DISPUTES AND RENDERED 14 ADVISORY OPINIONS. SOME OF THESE HAVE BEEN QUITE SIGNIFICANT. THE NOTTEBOHM CASE FOUND A SOVEREIGN STATE HAS THE EXCLUSIVE RIGHT TO DETERMINE ITS OWN NATIONALIZATION PROCEDURES. THE FISHERIES CASE HAS HAD IMMENSE REPERCUSSIONS OVER THE YEARS. THE NUCLEAR TEST CASES DEALT WITH A MATTER OF MAJOR INTERNATIONAL IMPORTANCE. HOWEVER, MOST MAJOR ADVANCES IN INTERNATIONAL LAW HAVE TAKEN PLACE OUTSIDE THE COURT. WESTERN EUROPEAN STATES HAVE BEEN MOST SUPPORTIVE OF THE COURT, LATIN AMERICAN STATES MINIMALLY SUPPORTIVE. SUPPORT FROM OTHER AREAS OF THE WORLD HAS BEEN ALMOST NONEXISTANT. THOSE WHO FEEL THE COURT SHOULD HAVE MORE POWER AND AUTHORITY WOULD DO WELL TO EXAMINE ITS ACTUAL RELATIONSHIPS WITH WORLD GOVERNMENTS AND BUILD A BROADER BASE OF SUPPORT. UNTIL IT IS RECOGNIZED AS A VIABLE ARBITRATOR, IT WILL CONTINUE TO FALL SHORT OF THE HIGH HOPES HELD FOR IT. (GLR)