THE INTERNATIONAL COURT AND RULE-MAKING: FINDING EFFECTIVENESS

被引:0
|
作者
Park, Leo
机构
关键词
JUSTICE; LAW;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The International Court of Justice is often considered an aspiration. It exemplifies the struggle of international law to overcome international politics and is viewed by many as having failed to live up to its expectations. Nevertheless, its influential role in interpreting international law is far from merely academic. The weight and respect its analyses are given result in not only a better understanding of international law, but the development of international law as well. It is from this effort, intentional or otherwise, that the Court has actually found a unique and unintended mechanism of effectiveness. This Comment argues that despite the lack of authority to do so, the Court creates international law, either by itself or with the assistance of other international bodies. These new laws and obligations, in turn, inherently affect state behavior. While the majority of the Court's criticisms center on its role as an adjudicatory body, they overlook the possibility that the Court may have an influence beyond the states that are appearing before it in any one case. Thus, by expanding the scope and understanding of how its decisions operate, the Court can regain some of the power it has lost over the years. It gives the Court a method to be effective that it can and should take advantage of.
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页码:1065 / 1097
页数:33
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