NCJ Number
122854
Editor(s)
L F Damrosch
Date Published
1987
Length
539 pages
Annotation
These 19 papers examine the issues that confront governments when they consider the scope of their consent to the jurisdiction of the International Court of Justice, with emphasis on issues related to the United States 1985 termination of its acceptance of the compulsory jurisdiction of the Court.
Abstract
The authors include scholars as well as lawyers who have served as agents or counsel before the court. The analyses consider how well the current system of jurisdiction responds to the interests of participating nations and whether disputes involving the use of force or other vital interests of countries should be excluded from the Court's jurisdiction. Individual papers explain the history and practice of compulsory jurisdiction, the role of treaties, and judicial independence and impartiality. Other papers focus on the suitability of certain kinds of disputes for resolution by the Court, including disputes under consideration by the United Nations Security Council or regional organizations, disputes involving the inherent right of self-defense, and disputes that implicate the institutional credibility of the Court. Other articles focus on multilateral disputes, evidence and proof, the experience of the United States at the Court, and the constitutional issues surrounding the October 1985 announcement by the United States that it was terminating its acceptance of the Court's compulsory jurisdiction. Index, List of cases cited, appended texts of statements and laws, and chapter footnotes, tables, and reference lists.