Advisory Opinions

The article argues that the International Court of Justice should exercise its discretion and refuse a request for an advisory opinion when the underlying problem can be resolved only by lengthy and difficult political negotiations. In recent years, the Court has given opinions on the legality of the threat or use of nuclear weapons and the construction of the wall being built around occupied Palestinian territory. There is now pending a request pending for an opinion about Kosovon statehood. Each has emanated from the UN General Assembly. The Court should look more at the motive for the request and consider whether the opinion would really help in solving the problem. It should not rely so heavily on its own precedents. Instead, it should examine critically why the request has been made, the voting and the effect of giving an opinion. It should not adopt a blinkered approach.