Effectiveness of International Court of Justice in the Past Two Decades

  • Theresa Charles and A Kavishka
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  • Theresa Charles

    Student at Christ Deemed to be University, Pune Lavasa Campus, India

  • A Kavishka

    Student at Christ Deemed to be University, Pune Lavasa Campus, India

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Abstract

The International Court of Justice is the longest-running international court in existence due to its continuity with its predecessor, the Permanent Court of International Justice. As the 'World Court,' it represents a critical link between the current reality of international adjudication and its antecedent intellectual and ideological basis and institutional representation. The International Court of Justice (ICJ) is the model for international arbitration. Furthermore, as the UN's "principal judicial organ," it holds a unique position among international courts and tribunals and is part of a worldwide organization tasked with preserving international peace and security. To evaluate its efficacy, consider the nature and scope of the difficulties that the Court has encountered since 1945. The ICJ has seen enormous changes in the world and its operational scope without enduring significant structural changes. Its membership has experienced dramatic changes in terms of numbers, identities, and opinions since its establishment. These twists and turns underscore the ICJ's exceptional institutional resilience in the face of external pressures, which must be considered when assessing its performance. The upcoming chapter provides a broad overview of the ICJ's effectiveness. In Part 1, we introduce the evaluation framework used throughout the chapter, which is based on analising the Court's performance in achieving its goals. Part 2 explores the objectives of the ICJ, both explicitly stated and implied, as found in its core documents. Part 3 discusses the structural aspects of the Court that either facilitate or hinder its ability to achieve its goals. Part 4 evaluates the outcomes produced by the Court and compares them to its stated objectives. Finally, Part 5 concludes the research.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 440 - 457

DOI: https://doij.org/10.10000/IJLMH.116128

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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