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10 - The ICJ and Other Courts and Tribunals: Integration and Fragmentation

from Part II - The ICJ and International Dispute Settlement

Published online by Cambridge University Press:  18 May 2023

Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

This chapter considers the ICJ’s relationship with other courts and tribunals through the dual prism of integration and fragmentation. The author argues that three factors influence the degree of the Court’s integration or fragmentation: the identity of the court, the substance of the law, and the procedures employed. The author selects three legal issues that have been considered by the ICJ and other courts and tribunals in recent years: jurisdiction over issues of immunity involving treaties that do not expressly refer to immunity; inferring specific intent for genocide; and the nature of consular assistance as a treaty obligation, individual right or human right. These issues provide insight into the way that identity, area of law and procedure influence integration or fragmentation among international courts.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Hernández, G., The International Court of Justice and the Judicial Function (Oxford University Press, 2014)CrossRefGoogle Scholar
Mettraux, G., International Crimes: Law and Practice Volume I: Genocide (Oxford University Press, 2019)Google Scholar
Pulkowski, D., The Law and Politics of International Regime Conflict (Oxford University Press, 2014)Google Scholar
Stewart, D. P., ‘The Emergent Right to Consular Notification, Access and Assistance’ in Von Arnauld, A., Von der Decken, K., and Susi, M. (eds.), The Cambridge Handbook of New Human Rights: Recognition, Novelty, Rhetoric (Cambridge University Press, 2020), p. 439Google Scholar
Webb, P., International Integration and Fragmentation (Oxford University Press 2013, paperback 2015)Google Scholar

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