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5 - Assessing the Effectiveness of the International Court of Justice

from Part I - The Role of the ICJ

Published online by Cambridge University Press:  18 May 2023

Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

The chapter assesses the effectiveness of the ICJ. The authors set out an evaluative framework for assessing the Court’s effectiveness, adopting a goals-based analysis. They identify the ICJ’s goals, and then consider the structural features of the Court that assist and hinder it from achieving those goals. By reference to specific examples, the authors then consider whether the ICJ has achieved its goals in practice, concluding that its record of achievement produces mixed results, but highlighting the Court’s success in preserving confidence in international adjudication.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

von Bogdandy, A. and Venzke, I., In Whose Name? A Public Law Theory of International Adjudication (Oxford University Press, 2014).Google Scholar
Couvreur, Philip, The International Court of Justice and the Effectiveness of International Law (Brill, 2017).Google Scholar
Helfer, Laurence, The Effectiveness of International Adjudicators, in The Oxford Handbook on International Adjudication, in Romano, C. P. R., Alter, K. J. and Shany, Y. (eds.), Oxford University Press, 2013) 464.Google Scholar
Hernandez, Gleider, The International Court of Justice and the Judicial Function (Oxford University Press, 2014).Google Scholar
Shany, Yuval, Assessing the Effectiveness of International Courts (Oxford University Press, 2014).Google Scholar

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