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