Consonance of U.S. Positions With the International Court's Advisory Opinions (From International Court of Justice at a Crossroads, P 423-446, 1987, Lori Fisler Damrosch, ed. -- See NCJ-122854)

• NCJ Number: 122871
• Author(s): G T Butcher
• Date Published: 1987
• Length: 24 pages
• Sale Source: Transnational Publisher Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This analysis of the extent to which the advisory opinions of the International Court of Justice reflect the approach of the United States to the issues raised concludes that in most cases the perspective, approach, and results of the advisory opinions have corresponded with the views of the United States.

Abstract

The comparison was based on the Court's advisory opinions and the statements made to the Court by the United States. The analysis showed strong similarities in both reasoning and results. This similarity is evident in several areas, including United Nations organizational issues, the concept of the judicial function, the role of the Court in the development and interpretation of international law, and the development of human rights principles regarding racial discrimination. The similarities result in part from the initially close relationship between the United States and the United Nations. However, the views of the United States in its statements to the Court also reflect the U.S. view of the relationship among the United Nations organs as well as the U.S. perception of international law, the United Nations Charter, and the legal aspects of the international system. Although the political situations underlying the United States rationales have changed, the need to use an international adjudicatory process does not rest on changing political circumstances. 163 footnotes.