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4 - The Institutional Context of the International Court of Justice

from Part I - The Role of the ICJ

Published online by Cambridge University Press:  18 May 2023

By
Tom Ginsburg
Edited by
Carlos Espósito  and
Kate Parlett
Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

This chapter examines the institutional context of the Court. It focuses first on the Court’s function as a court, i.e. as the principal judicial organ of the United Nations. It then considers the Court’s relations with States, as an international court. Finally, he considers the Court’s institutional grounding as an organ of the United Nations, and examines its relationship with the United Nations. Professor Ginsburg argues that there is a gap between the Court’s formal institutional structures and its actual operation in practice, and emphasises in particular the way in which the Court has taken a central role in the development of international law.

Keywords

institutional analysisprincipal judicial organ of the United Nationsadjudicationconsentlaw-makinginternational courtinstitutional structuresdispute resolutiondevelopment of international law
Type
Chapter
Information
The Cambridge Companion to the International Court of Justice , pp. 86 - 100
Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Dothan, Shai. 2014. Reputation and Judicial Tactics: A Theory of National and International Courts. New York: Cambridge University Press.CrossRefGoogle Scholar
Giladi, Ronen and Shany, Yuval. 2014 ‘The International Court of Justice’, in Shany, Yuval, Assessing the Effectiveness of International Courts. New York: Oxford University Press, 2014.Google Scholar
Kolb, Robert. 2014. The International Court of Justice. Oxford: Hart Publishing.Google Scholar
Schulte, Constanze. 2004. Compliance with the Decisions of the International Court of Justice. Oxford: Oxford University Press.Google Scholar
Tams, Christian and Sloan, James, eds. 2014. The Development of International Law by the International Court of Justice. New York: Oxford University Press.Google Scholar

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