Studying Country-Specific Engagements with the International Court of Justice

Forthcoming, Journal of International Dispute Settlement (2019)

U of Melbourne Legal Studies Research Paper No. 835

17 Pages Posted: 23 Aug 2019 Last revised: 11 Sep 2019

See all articles by Margaret A. Young

Margaret A. Young

University of Melbourne - Law School

Emma Nyhan

University of Melbourne - Melbourne Law School

Hilary Charlesworth

University of Melbourne - Law School; Australian National University (ANU)

Date Written: August 23, 2019

Abstract

Countries engage with the International Court of Justice as litigants, as participants in advisory proceedings, and less directly, through contributions of nationals as judges or lawyers. A broad range of scholarship within the discipline of public international law examines this engagement. Specific regional experiences are often emphasised and grouped, for example, by western, African or Asian accounts. Yet the nature and extent of scholarship on a single country’s engagement with the Court is less commonly explored. This article surveys scholarly approaches to specific domestic engagement with the ICJ. It focuses on six countries – Australia, France, Nicaragua, Russia, the United Kingdom and the United States – and examines the scholarship generated by each of these countries’ encounters with the Court. This scholarship provides insights into politics, history, institutional practice, professional experience and international legal doctrine. Preliminary in scope, the article points to the value of empirical, historical and country-specific accounts of the work of the ICJ.

Keywords: International adjudication, International Court of Justice, inter-state dispute settlement, advisory opinions

JEL Classification: K33

Suggested Citation

Young, Margaret A. and Nyhan, Emma and Charlesworth, Hilary, Studying Country-Specific Engagements with the International Court of Justice (August 23, 2019). Forthcoming, Journal of International Dispute Settlement (2019); U of Melbourne Legal Studies Research Paper No. 835. Available at SSRN: https://ssrn.com/abstract=3441531

Margaret A. Young (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Emma Nyhan

University of Melbourne - Melbourne Law School ( email )

185 Pelham Street
Melbourne, VIC 3010
Australia

Hilary Charlesworth

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Australian National University (ANU) ( email )

Canberra, Australian Capital Territory 2601
Australia

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