The Advisory Judicial Function of the International Court of Justice and the Resolution of International Disputes

Seminar Description

Notwithstanding their distinctive features and purposes, the advisory and contentious functions of the International Court of Justice have long been blurred in international practice. Even though the Court recognises a non-circumvention principle that compels it to decline giving an opinion when that amounts to eluding lack of consent, the line between answering questions with a view to assisting international organisations and essentially resolving disputes is subtle to say the least. A sovereignty dispute and the broader frame that is the law of decolonization and the right to self-determination may well be two sides of the same coin. Is the way legal questions are framed important, or should the Court look past formulations to assess the concrete impact of its opinions on disputes? To what extent can advisory opinions, which by definition have no binding effect, nonetheless bring disputes to an end? By looking at the Chagos Archipelago and the contentious and advisory proceedings it prompted, the event aims at considering the boundaries of the advisory function and evaluating jurisdictional strategies.

The dialogue will take place in the context of the SNSF research project: The International Judicial Function Under Pressure: Do Courts and Tribunals Go Off the Rails?