Politico-Legal Inter-State Disputes: Should the United Nations International Law Commission Be Requested to Commence Studies on the “Opportunities for Holistic Dispute Settlement?”
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Date
2023-05-05
Authors
Chigara, Benedict Abrahamson
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
This Article recommends a review of the jurisdictional provision of the International Court of Justice (ICJ) to ensure internal logical coherency of the assumptions that underpin the jurisdictional mandate of the ICJ. The benefits would include the enhancement of clarity and logic both in the ICJ statutory provisions and in the practice of the court. They would ensure certainty between the literal and textual clarity of the Statute of the International Court of Justice and the actual practice of the ICJ. Article 38 of the Statute of the International Court of Justice is widely regarded as the basis for international law generally.
Description
50 pages
Keywords
Dispute resolution, International law, Politics, International Court of Justice
Citation
24 Or. Rev. Int'l L. 145