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  • 10 - The Court's role in relation to international organizations

  • Edited by Vaughan Lowe, University of Cambridge, Malgosia Fitzmaurice, Universiteit van Amsterdam
  • Book:
    Fifty Years of the International Court of Justice
    Published online:
    02 November 2009
    Print publication:
    29 February 1996, pp 181-192

  • Summary

    To have the principal judicial organ of the United Nations more often employed with respect to the legal components of situations with which the United Nations is concerned would, quite apart from its possible contribution to solving a dispute or situation, also do immense good for international law.

    Speech by Sir Robert Yewdall Jennings to the UN General Assembly: UN Doc. A/46/PV.44 at 6–23 (1991)

    The integration of the Court into the United Nations system as its ‘principal judicial organ’ conveys little of what, conceptually, it was designed to achieve. One aim would be that it should be the normal means of settling legal disputes between member states, and this aim finds some reflection in articles 36(3), 93 and 94 of the Charter. A quite different aim would be that it should give legal advice to the UN organs as regards the performance of their functions, with the emphasis being on the needs of those organs for this assistance. A third, and again quite different, aim would be to have the Court act as an organ of judicial review, with the emphasis being on the need of member states to ensure that the UN organs confined themselves to those powers that had been conferred on them by the constituent treaty.

    Clearly, article 96 of the Charter, and chapter IV of the Court's Statute, adopt the second concept – the advisory role – and not the third.

  • Correspondence

  • D. W. Bowett, John E. Osborn
  • Journal:
    American Journal of International Law / Volume 86 / Issue 2 / April 1992
    Published online by Cambridge University Press:
    27 February 2017, pp. 342-345
    Print publication:
    April 1992
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