Book contents
- Frontmatter
- Contents
- List of contributors
- Preface
- List of abbreviations
- Sir Robert Yewdall Jennings, by Vaughan Lowe
- List of publications of Sir Robert Jennings
- Table of cases
- Part I The International Court of Justice
- Part II The sources and evidences of international law
- Part III Substance of international law
- 10 The Court's role in relation to international organizations
- 11 Cases of the International Court of Justice relating to employment in international organizations
- 12 Jurisdiction and immunities
- 13 Adjudication as a mode of acquisition of territory?
- 14 Equitable maritime boundary delimitation
- 15 Environmental protection and the International Court of Justice
- 16 The contribution of the International Court of Justice to air law
- 17 The treatment of human rights and of aliens in the International Court of Justice
- 18 The International Court of Justice and the right of peoples to self-determination
- 19 The International Court of Justice and the peaceful settlement of disputes
- 20 The International Court of Justice and the use of force
- Part IV Procedural aspects of the work of the International Court of Justice
- Part V The International Court of Justice and the United Nations
- Index
10 - The Court's role in relation to international organizations
Published online by Cambridge University Press: 02 November 2009
- Frontmatter
- Contents
- List of contributors
- Preface
- List of abbreviations
- Sir Robert Yewdall Jennings, by Vaughan Lowe
- List of publications of Sir Robert Jennings
- Table of cases
- Part I The International Court of Justice
- Part II The sources and evidences of international law
- Part III Substance of international law
- 10 The Court's role in relation to international organizations
- 11 Cases of the International Court of Justice relating to employment in international organizations
- 12 Jurisdiction and immunities
- 13 Adjudication as a mode of acquisition of territory?
- 14 Equitable maritime boundary delimitation
- 15 Environmental protection and the International Court of Justice
- 16 The contribution of the International Court of Justice to air law
- 17 The treatment of human rights and of aliens in the International Court of Justice
- 18 The International Court of Justice and the right of peoples to self-determination
- 19 The International Court of Justice and the peaceful settlement of disputes
- 20 The International Court of Justice and the use of force
- Part IV Procedural aspects of the work of the International Court of Justice
- Part V The International Court of Justice and the United Nations
- Index
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.
- Type
- Chapter
- Information
- Fifty Years of the International Court of JusticeEssays in Honour of Sir Robert Jennings, pp. 181 - 192Publisher: Cambridge University PressPrint publication year: 1996
- 26
- Cited by