ICJ

legislation

Charter of the United Nations (1945) Article 1(1): ➢ The ICJ contributes to the ‘adjustment or settlement of disputes’ between nations

creates

ICC creates jurisprudence, as seen in United Kingdom v Albania (1946) which established the principle of innocent passage ➢ IP now codified within UNCLOS (1982) Art. 19

dispute resoultion

Pacific dispute resolution illustrated within Timor-Leste v Australia (2014); wherein Timor-Leste utilised proceedings in the ICJ as a means of condemning Australia’s actions (which resulted in those actions ceasing and amends being made).

complusory jurisdiction

Nicaragua v United States (1986), demonstrates how states that haven’t accepted the ICJ’s compulsory jurisdiction can circumvent proceedings. ➢ This is exacerbated when belligerents are P5 members

contuation of

Continuation from states not accepting ICJ compulsory jurisdiction. ➢ Due to SCS maritime disputes, the Philippines took China to the PCA (Philippines v China 2013 PCA) {9-dash line covers 90% of SCS} ➢ PCA verdict described by Chinese Foreign Ministry spokesperson Dai Bingguo (2016) as ‘Nothing more than a piece of paper’