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The ICJ in the 21st Century: Judicial Restraint, Judicial Activism, or Proactive Judicial Policy

Published online by Cambridge University Press:  17 January 2008

He Judge Pieter Kooijmans
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Abstract

A court of law can take various approaches when dealing with a case before it: judicial restraint, judicial activism or a proactive policy. In the present article the recent case law of the International Court of Justice is analysed in this light. The author is of the view that the Court, as the principal judicial organ of the United Nations should, wherever possible, by a careful judicial policy, apart from deciding the case in hand, give guidance and provide clarification on a number of questions which are of primordial importance in present-day international society but still are largely obscure from a legal point of view.

Type
Articles
Information
International & Comparative Law Quarterly , Volume 56 , Issue 4 , October 2007 , pp. 741 - 753
Copyright
Copyright © British Institute of International and Comparative Law 2007

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References

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