International Court of Justice

Distrust remains along many of these borders, but since 1980 military confrontation appears a thing of the past. Recent territorial disputes between Malaysia and Indonesia, and Malaysia and Singapore were peacefully resolved by the International Court of Justice in The Hague (2002 and 2008 respectively). Stability breeds acceptance, and state nationalism does its work in turning even borderland peoples into citizens. But the international situation has also been helpful, of which the regional ASEAN was a key part. 

Article VI (Settlement of disputes) describes the mechanisms by which disputes concerning the application or interpretation of the Treaty may be settled. Subject to certain conditions, the International Court of Justice may be requested to give an advisory opinion. 

H.E. Judge Christopher Greenwood, International Court of Justice Prof. em. Frits Kalshoven, University of Leiden H.E. Judge Theodor Meron, International Criminal Tribunal for the former Yugoslavia H.E. Judge Fausto Pocar, International Criminal Tribunal for the former Yugoslavia Prof. Michael N. Schmitt, United States Naval War College... 

Such enforcement would then occnr through third parties obtaining access should the affected authorities be unwilhng or unable to provide assistance themselves, as discussed in the following Section. Enforcement ex post facto through, for example, adjudication by human rights bodies, the International Court of Justice or International Criminal Conrt remains an option, but falls outside the scope of this Chapter. 

Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, [1996] I.C.J. Rep. 226, 234, para 13 (hereinafter the Nuclear Weapons Case) (where the International Court of Justice states The fact that this question also has political aspects, as, in the nature of things, is the case with so many questions which arise in international hfe, does not suffice to deprive it of its character as a legal question and to deprive the Court of a competence expressly conferred on it by its Statute ). 

There is new movement in the discussion about self-determination and statehood. The contested declaration of independence by Kosovo will soon be subjected to review by the International Court of Justice. Russia s recognition of the purported independence of Abkhasia and South Ossetia has caused additional controversy. These developments may well put an end to the attempt by governments to keep in place the highly restricted doctrine of self-determination that has only been made available in the colonial context. 

Accordingly, in relation to Western Sahara the International Court of Justice confirmed that links may have existed between that territory and Morocco before colonialism. Morocco argued that the people of Western Sahara had previously owed allegiance... 

While some might regard this practice of retaining artificial colonial boundaries as reprehensible, it was accepted by African states upon independence. Moreover, it has since been fiercely defended by them. This principle of aft possidetis has been described by the International Court of Justice as follows ... 

James Crawford, The General Assembly, the International Court and Self-determination , in AV Lowe and M Fitzmaurice (eds.) Ffty Tears of the International Court of Justice Essays in Honour of Sir Robert Jennings (Cambridge Cambridge University Press, 1996). 

Michla Pomerance, The Badinter Commission The Use and Misuse of the International Court of Justice s Jurisprudence , 20... 

Should the first two arbitrators fail to agree upon the third within two months following their appointment, either Party may request the President of the International Court of Justice to make such an appointment. 

The United Nations takes note of Article XIV, paragraph 5, of the Convention, which empowers the Conference of the States Parties or the Executive Coimcil of the OPCW, subject to authorisation from the General Assembly of the United Nations, to request the International Court of Justice to give an advisory opinion on any legal question(s) arising from within the scope of activities of the OPCW, apart from any question(s) concerning the mutual relationship between the OPCW and the United Nations. 

When seeking an advisory opinion as referred to in paragraph 1 of this Article, the OPCW agrees to furnish, in accordance with the Confidentiality Annex to the Convention and the OPCW Poliey on Confidentiality, any such information as may be required by the International Court of Justice in accordance with the Statute of the International Court of Justice. 

See for example the International Court of Justice (1952) Rights of United States Nationals in Morocco Judgement Case Concerning the Rights of United States Nationals in Morocco (France V. United States of America), 27 August 1952 I.C.J. Reports 1952, pp. 176, at pp. 200, 209. Akehurst (1977), p. 6. 

Paras. 73-74 International Court of Justice (1969) North Sea Continental Shelf Judgement North Sea Continental Shelf Cases (Federal Republic of Germany/Denmark Federal Republic of Germany/Netherlands), 20 February 1969 1.C.J. Reports 1969, p. 3. 

Menon (1989), p. 120. The ICJ has held that the passage of only a short period of time is not necessarily, or of itself, a bar to the formation of a new rule of customary international law. See para 74 International Court of Justice (1969) North Sea Continental Shelf Judgement North Sea Continental Shelf Cases (Federal Republic of Germany/Denmark Federal Republic of Germany/ Netherlands), 20 February 1969 I.C.J. Reports 1969, p. 3. 

Para. 188 International Court of Justice (1986) Nicaragua Case Judgement on the Merits Case Concerning Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America), 27 June 1986 I.C.J. Reports 1986, p. 14. 

These sources are not examined in detail. Judicial decisions, mainly those of the International Court of Justice, are included throughout where they are relevant. Judgements of the ICJ are only binding on the states party to the dispute they do not constitute a source of international law for other states. Judicial decisions nevertheless influence or develop international law by relying on each other and thus manifesting international law. Scholarly contributions to the discussion are an inherent part of this project and neither could nor should they be ignored. Both judicial and scholarly input is only a subsidiary means for the determination of rules of law. They cannot establish rules independently of the other sources. 

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