The Recommendations Made by the International Court of Justice

19 Pages Posted: 9 Sep 2008 Last revised: 28 Apr 2011

See all articles by Jean d'Aspremont

Jean d'Aspremont

Sciences Po Law School; University of Manchester - School of Law

Date Written: September 9, 2008

Abstract

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

Suggested Citation

d'Aspremont, Jean, The Recommendations Made by the International Court of Justice (September 9, 2008). International and Comparative Law Quarterly, Vol. 56, pp. 185-198, 2007, Available at SSRN: https://ssrn.com/abstract=1265512

Jean D'Aspremont (Contact Author)

Sciences Po Law School ( email )

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HOME PAGE: http://www.sciencespo.fr/ecole-de-droit/en/profile/daspremont-jean

University of Manchester - School of Law ( email )

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Manchester M13 9PL, M139PL
United Kingdom

HOME PAGE: http://www.manchester.ac.uk/research/Jean.daspremont/

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