The International Court of Justice

Paper Summary:

This paper examines the International Court of Justices' stance in relation to its avowed non-refusal in resolving legal disputes that are connected to or part of a broader political dispute. This paper focuses on the critical analysis of whether the International Court of Justice (ICJ) has adopted a convincing and consistent approach to this issue of justiciability.

Table of Contents:
Introduction
Overview of the Process of ICJ
Examination of the Issue
Definition of a Legal Dispute
Dissemination of the Issue of Justiciability
Conclusion

From the Paper:

"It is important to understand that the doctrine of stare decisis is not applicable to the International Court of Justice and that the ICJ is not legally bound by its previous decisions. Because the International Court of Justice weighs the facts of each case and holds the facts in the case being heard as separate from other similar cases. This principle of not adhering to recent case decisions handed down in other court decisions of the ICJ and the practice of considering each case on its own merits alone enables the ICJ in its decisions handed down on cases that are in reality a part to other disputes."

Sample of Sources Used:

• Allee, Todd L. and Huth, Paul K. (2006) Legitimizing Dispute Settlement: International Legal Rulings as Domestic Political Cover. Vol. 100 No.2 May 2006.
• Coleman, Andrew (2003) The International Court of justice and Highly Political Matters. Melbourne Journal of International Law. 3 May 2003.
• Hensel, Paul R. (2005) Power, Politics and Contentious Issues: Realism, Issue Salience and Conflict Management. Paper presented at the Annual Meeting of the International Studies Association, Honolulu, Hawaii 2 Mar 2005. National Science Foundation.
• Muller, A.S., Raic, D. and Thuranszky, J.M. (1997) The International Court of Justice: Its Future Role After Fifty Years. Martinus Nijhoff Publishers. Leiden Journal of International Law.
• Merrills, J.G. (2005) International Dispute Settlement. Cambridge University Press 2005.

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