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International Law and the ICJ The Political Effectiveness of the United Nations, 1945-2000

The ICJ

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  • 1. International Law and the ICJ The Political Effectiveness of the United Nations, 1945-2000

2. Syllabus 3. What is International Law? International law: Public international law Set of principles, customs, and rules that governs relations between states Private international law Regulates relations between private persons of different nationalities 4. What is International Law? Much of it is consent-based: E.g. Kyoto Protocol on Climate Change (1997) Jus Cogens = norms of international law that must be followed, even if no consent is given E.g. Prohibition on genocide, torture, human trafficking, etc. 5. What is International Law? No governmental police or military force to enforce it (major difference between international and domestic law): No central authority no mechanisms to ensure compliance E.g. Reputation, counter-measures, UNSC, etc. 6. The International Court of Justice Functions: Provide non-binding advisory opinions on legal issues submitted to it by UN bodies and agencies, e.g. GA and SC Settle disputes submitted to it by states, who must agree to its binding ruling (contentious cases) 7. The International Court of Justice Contentious cases If parties do not comply with the ICJs ruling, the issue may be taken before the SC for enforcement action (if international security is at stake) What if the non-compliant party is a SC permanent member? E.g. Nicaragua v. United States case 8. The International Court of Justice Limitations on effectiveness Issues can only be tried by ICJ if states bring them up to it ICJs decisions can be ignored by states