Confidence in the Court: It Need Not Be a "Hollow Chamber" (From International Court of Justice at a Crossroads, P 106-122, 1987, Lori Fisler Damrosch, ed. -- See NCJ-122854)

• NCJ Number: 122859
• Author(s): M Leigh; S D Ramsey
• Date Published: 1987
• Length: 17 pages
• Sale Source: Transnational Publisher Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

A possible response to the problem of decreasing confidence in the International Court of Justice is to develop additional methods for the submission of disputes to special chambers of the Court rather than to the full Court.

Abstract

The statute governing the Court permits the use of special chambers. In addition, the 1972 amendments to the Court's rules also encourage the use of special chambers. Moreover, in several recent cases like the Gulf of Maine case involving the United States and Canada, disputing parties have shown their preference for this approach, suggesting that it may become a growing trend. One way to give further support to this approach would be for countries to amend their declarations of acceptance of the Court's jurisdiction under the Optional Clause of the Governing statute. Thus, the United States would agree to accept the compulsory jurisdiction of the Court in the categories of cases listed in Article 36(2) of the governing statute, but their consent to jurisdiction would extend only to adjudication by a chamber composed of members acceptable to the United States and not to adjudication by the full Court. Adopting this approach would require addressing several legal and procedural issues, but it could result in a meaningful addition to the Court's compulsory jurisdiction and reduce criticisms regarding the Court's role. 46 footnotes.