IO Chapter 9 Y1S1

Chapter 9

The International Court of Justice — Exam Flashcards

Here are 20 key terms and concepts from your chapter, with academic definitions using the terminology of the reading. I've focused on the most important concepts for understanding the ICJ's structure, jurisdiction, authority, and political significance, including the two case studies.

1. International Court of Justice (ICJ)

The principal judicial body of the United Nations that settles legal disputes between states and provides advisory opinions on questions of international law.

2. State Sovereignty

The principle that states possess authority over their own affairs and should be protected from external interference, creating tension with the authority of international courts.

3. Rule of Law

The principle that states should be governed by and held accountable to legal rules and obligations, including those established under international law.

4. Jurisdiction

The legal authority of the ICJ to hear and decide a dispute, which requires an international legal dispute between states and their consent to the Court's jurisdiction.

5. Consent to Jurisdiction

The requirement that states agree to the ICJ's authority, either for a specific dispute or in advance through treaties or declarations, reflecting the importance of state sovereignty.

6. Case-by-Case Referral

A method of establishing ICJ jurisdiction in which the states involved explicitly agree to submit a particular dispute to the Court for a binding decision.

7. Treaty-Based Consent

A method of establishing ICJ jurisdiction through a treaty clause that provides for disputes concerning the treaty's interpretation or application to be submitted to the Court.

8. Optional Clause Declaration

A declaration under Article 36(2) of the ICJ Statute through which a state accepts the Court's compulsory jurisdiction over future legal disputes, often subject to reservations and reciprocity.

9. Advisory Opinions

Non-binding legal opinions issued by the ICJ at the request of authorized UN bodies on legal questions, which can nevertheless carry significant legal and political weight.

10. Contentious Cases

Legal proceedings involving disputes between states in which the ICJ issues final and binding judgments that apply to the parties in the particular case.

11. Sources of International Law

The legal materials the ICJ applies under Article 38 of its Statute

12. Customary International Law

International law derived from general state practice accepted as law, which the ICJ can apply when a relevant treaty does not provide a complete answer.

13. Precedent and Article 59

The principle that ICJ decisions are binding only on the parties and in respect of the particular case, meaning judgments do not create legally binding precedents for other states or the Court itself.

14. Compliance

The extent to which states follow the ICJ's judgments and orders by changing their behaviour or policies to meet their international legal obligations.

15. Provisional Measures

Interim measures indicated by the ICJ under Article 41 of its Statute to preserve the rights of the parties and prevent a dispute from worsening before a final judgment is delivered.

16. Enforcement under Article 94(2)

The mechanism through which a state that considers the other party non-compliant with an ICJ judgment may refer the matter to the UN Security Council, which may recommend or decide on measures to give effect to the judgment.

17. Universal Jurisdiction

The principle that certain exceptionally serious crimes may be prosecuted by national courts regardless of where they occurred or whether the prosecuting state has a direct connection to them.

18. Sovereign Immunity

The protection afforded under international law to certain state officials from the criminal jurisdiction of foreign national courts, reflecting the rules governing relations between sovereign states.

19. Judicialization of International Politics

The process through which political disputes and conflicts between states are framed and addressed through legal institutions and procedures, demonstrating the close relationship between international law and international politics.

20. International Convention on the Regulation of Whaling (ICRW)

The international treaty governing whaling, including catch limits and exceptions for scientific research, which formed the legal basis of the Australia v. Japan case concerning Japan's scientific whaling programme.