The International Court of Justice and 'Progressive Causes'

Abstract

In this chapter we consider whether the International Court of Justice (‘ICJ’ or ‘the Court’) has developed its judicial policy so as to embrace ‘progressive causes’. We investigate how the Court responds when faced with proceedings involving divisive issues of interest to the international community as a whole and how such causes reach the Court. We assess whether the Court’s handling of proceedings involving such causes has evolved over time and whether the Court should be viewed as a ‘progressive’ or a ‘conservative’ institution (and whether such categorisation is helpful).

Keywords: International Court of Justice, jurisdiction, admissibility, blocking technicalities, enabling technicalities, progressive, conservative, reactionary, regressive