Capacity of the International Court of Justice to Contribute to the Settlement of Disputes in the 21st Century-A Critical Evaluation

Anand, Amit (2016) Capacity of the International Court of Justice to Contribute to the Settlement of Disputes in the 21st Century-A Critical Evaluation. Journal of Academy of Juridical Studies, 9-10 (1-2). pp. 80-97. ISSN 2278-456X

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Abstract

As the principal judicial organ of the United Nations, a key role of the International Court of Justice (ICJ) is to solve disputes among states. Referred to as the ‘World Court’, state parties often approach the ICJ in order to seek a final settlement of their disputes. The Court acts as a tool to bring the international community closer to the rule of law without being governed or controlled by the various structures of the community and in order to achieve the same, it works towards having an impartial judicial policy in order to maintain the Court’s independence and to showcase its commitment towards the law and principles of the United Nations. However, over the years, questions have been raised regarding the overall effectiveness of the ICJ in terms of reaching a final settlement of disputes. The non-compliance of the Court’s decision by the parties is a very big issue in this regard. Nonetheless, it must be borne in mind that the institutional structure of the ICJ is complex and the Court has to function within its limitations. The paper aims to analyze the issues related to the Court’s jurisdiction as well as conformity of its decisions by the litigants in order to answer the question as to whether or not the ICJ has been able to substantially contribute to dispute resolution.

Item Type:
Journal Article
Journal or Publication Title:
Journal of Academy of Juridical Studies
ID Code:
125030
Deposited By:
Deposited On:
08 May 2018 08:36
Refereed?:
Yes
Published?:
Published
Last Modified:
23 Sep 2020 04:16