The Institutional Context of the International Court of Justice

Abstract

This chapter, forthcoming in the Cambridge Companion to the International Court of Justice (Carlos Esposito and Kate Partlett, eds.) provides an institutional analysis of the International Court of Justice (ICJ). Institutional analysis is an approach drawn from the social sciences that examines the ways in which an organization’s internal structures and external environment shape outcomes. For the ICJ, this requires examining its features as a court, as an international body, and as an organ of the United Nations. As a a court, the ICJ has both a dispute resolution function as well as a lawmaking function. and the position of the ICJ in the UN system has significant consequences for its caseload, role and effectiveness.

Keywords: international law, institutional analysis, international court of justice

JEL Classification: K1