Individuals in Advisory Proceedings Before the International Court of Justice: Equality of the Parties and the Court’s Discretionary Authority

in The Law & Practice of International Courts and Tribunals
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

The recent IFAD Advisory Opinion of the ICJ has resuscitated the long-standing question of the access of individuals to the Court in advisory proceedings when the Court is acting as a ‘review’ body for judgements rendered by administrative tribunals of international organizations. Under such circumstance, the ICJ is confronted with the existence of an actual underlying dispute between two parties, although only one of the parties to the original dispute may appear before the Court, thus creating an obvious inequality before the Court. This article examines the review procedure before the ICJ, and the position of the individuals before the ICJ in such proceedings. In particular, this article discusses the different inequalities resulting from such procedures, and how the ICJ has remedied these in order not to use its discretion to not reply to the request for an advisory opinion.

Individuals in Advisory Proceedings Before the International Court of Justice: Equality of the Parties and the Court’s Discretionary Authority

in The Law & Practice of International Courts and Tribunals

Sections

References

30)

See generally Shabtai RosenneInterpretation Revision and Other Recourse from International Judgments and Awards (Leiden: Martinus Nijhoff Publishers2007) pp. 157–165.

37)

ICJ Reports 1982pp. 446 and 454 respectively.

57)

Georgios PetrochilosProcedural Law in International Arbitration (Oxford/New York: Oxford University Press2004) para. 4.86.

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 15 15 5
Full Text Views 25 25 18
PDF Downloads 3 3 1
EPUB Downloads 0 0 0