The Recommendations Made by the International Court of Justice
19 Pages Posted: 9 Sep 2008 Last revised: 28 Apr 2011
Date Written: September 9, 2008
This paper examines the increasing proneness of the International Court of Justice to make recommendation to the parties appearing before it with the view of defusing the dispute or mitigating the ensuing human sufferings pending its decision on the merits. Even though these recommendations are formulated outside the operative provisions of its orders and judgments and are short of any binding character, they have stirred some scathing criticisms from the bench. The purpose of this paper is to shed some light on the actual extent of this recent practice and test its conformity with the rules governing the action of the International Court of Justice. The paper also tries to gauge the appropriateness of recommendations for the judicial settlement of international disputes.
(see the reaction of H. Thirlway, "The Recommendations Made by the ICJ: A Skeptical view" in ICLQ 2009/1)
Keywords: International Court of Justice, Dispute Settlement, Recommendations, Provisional Measures, Security Council
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