3 - Declaratory Judgments

Summary

Chapter 3 addresses the main controversies related to the interpretation and application of declaratory judgments as a remedy of international law before the International Court of Justice. The definition of the declaratory judgment and its availability, as a veritable remedy of international law, are preliminary issues clarified through this chapter. The categorisation of this remedy into declarations of rights, declarations of applicable law and declarations of responsibility and the effects of its interaction with other remedies of international law, such as satisfaction or specific performance, are relevant for addressing its application. The subject matters of disputes influence the reasons for which states request, and the Court grants, declaratory judgments. As such, certain arguments exist for the disputes regarding sovereignty rights or territorial delimitation, and different arguments exist for other disputes. Further, the manner in which states seize the International Court of Justice is also relevant for determining the applicability of declaratory judgments before the judicial body.