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House Approves Proposal Permitting ICJ to Advise Domestic Courts

Published online by Cambridge University Press:  27 February 2017

Jack M. Goldklang
Jack M. Goldklang*
Affiliation:
International Law Commission University of the Pacific, McGeorge School of Law, Department of Justice
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Extract

On December 17, 1982, the House of Representatives adopted a resolution supporting an expansion of the advisory opinion jurisdiction of the International Court of Justice. The resolution (H.R. Con. Res. 86) urges the President to explore the appropriateness of establishing a United Nations committee to seek advisory opinions from the ICJ. The committee would act when asked by a national court seeking advice regarding any international law question under the national court’s jurisdiction.

Type
Current Developments
Information
American Journal of International Law , Volume 77 , Issue 2 , April 1983 , pp. 338 - 340
Copyright
Copyright © American Society of International Law 1983

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References

1 128 Cong. Rec. H10195–98 (daily ed. Dec. 17, 1982).

2 Bisschop, , International Interpretation of National Case Law, 4 Brit. Y.B. Int’l L. 131 (1923–24)Google Scholar; Lauterpacht, , Decisions of Municipal Courts As a Source of International Law, 10 id. at 65, 94–95 (1929)Google Scholar; Jessup, , The International Judicial Process, 52 Judicature 140, 142 (1968)Google Scholar; Gross, , The International Court of Justice: Consideration of Requirements for Enhancing its Role in the International Legal Order, 65 AJIL 253, 308–13 (1971)Google Scholar. And for a recent discussion, see Sohn, , Broadening the Advisory Jurisdiction of the International Court of Justice, 77 id. at 124 (1983)Google Scholar.

3 Calling for the Establishment of a Special Committee on Advisory Opinions from the International Court of Justice: Hearing Before the Subcomm. on Human Rights and International Organizations of the House Comm. on Foreign Affairs, 97th Cong., 1st Sess. (1981).

4 Id. at 68–69; H.R. Con. Res. 86, March 4, 1981.

5 House Hearing, supra note 3, at 2, 5.

6 Id. at 25, 39–40. The ABA took no formal position at the hearings, but in January 1982 the ABA House of Delegates urged approval of the proposal. Cong. Rec. supra note 1, at H10196.

7 House Hearing, supra note 3, at 55–67.

8 Id. at 7–22. In 1976 the State Department had prepared a study, Widening Access to the International Court of Justice, which favored in principle amendment of the ICJ Statute and the UN Charter to permit advisory opinions by the ICJ to national courts. 1976 Digest of U.S. Practice in International Law 650 ff.

9 House Hearing, supra note 3, at 72–74.

10 1959 ICJ Rep. 5, 28.

11 The House Foreign Affairs Committee approved the resolution by unanimous consent on Dec. 14, 1982. No committee report was issued.