Ways of developing the International Court of Justice in the light of the rules of contemporary international law

Authors

  • Lect. Omar Hamad Kurdi Author

Keywords:

International Court of Justice, Advisory Jurisdiction, International Disputes, International Legality, United Nations Security Council

Abstract

: The International Court of Justice is the only judicial organ of the United Nations, which, by virtue of its Charter, conferred jurisdiction over the settlement of disputes in order to avoid the use of force in international relations and to achieve the highest goals of the United Nations, namely, the maintenance of international peace and security. However, the developments imposed by the new international order, as well as the legislative limitations of the Charter of the United Nations with respect to its advisory competence, have rendered it ineffective in the peaceful settlement of international disputes. The failure of the Charter of the United Nations not to authorize the International Court of Justice to monitor the decisions of the organs of the United Nations, particularly the Security Council, has caused a crisis of international legitimacy. In order to acquaint ourselves with this study with some importance, we have divided it into three demands. First, we shed light on the concept of consultative jurisdiction, and then show how to develop consultative jurisdiction in the latter. The latter is in the jurisprudential consolidation of the International Court of Justice's oversight of the legitimacy of UN Security Council resolutions.

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Published

2020-01-01

Issue

Section

Articles