Counterclaims before the International Court of Justice
This chapter examines the advantages and disadvantages of recourse to the International Court of Justice ICJ for those seeking a remedy for a violation of international law.
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Because the ICJ can only deal with disputes between states, litigation in which individuals or non-governmental organisations NGOs wish to invoke international law obligations as a cause of action cannot be brought to the ICJ. One immediately enters the theoretical minefield of whether rights under international law other than human rights are rights owed to the individual, or rather to his state.
Under the Statute as it stands, NGOs may not directly participate in advisory opinions, any more than in litigation.
One of the contributory elements to a less than speedy service by the ICJ is the fact that its jurisdiction is based on the consent of the parties. The various remedies which have been sought by states from the ICJ have included mere declarations of a breach, the designation of a boundary line, restitution, the award of damages, and performance.
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Antonopoulos, C. - Conterclaims Before the International Court of Justice
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Counterclaims before the International Court of Justice by Constantine Antonopoulos
ABSTRACT Conducting litigation before the International Court of Justice is a complex process that requires attention to detail and involves several tricky questions, most of them of acute practical import. Issue Section:. You do not currently have access to this article.
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Counterclaims Before the International Court of Justice
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