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A Comment on the Current Health of Advisory Opinions From 50 years of the International Court of Justice: Essays in honour of Sir Robert Jennings

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0077
A Comment on the Current Health of Advisory Opinions From 50 years of the International Court of Justice: Essays in honour of Sir Robert Jennings

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There are several matters relating to Advisory Opinions under consideration in the United Nations (UN). There is debate as to whether the UN Secretary-General should be given authorisation under article 96(2) of the UN Charter to request an Advisory Opinion. And there is discussion of the Court’s future role in reviewing judgments of international administrative tribunals. The International Court of Justice (ICJ) itself has been asked to give two new Advisory Opinions. And this will place under scrutiny the meaning of ‘legal questions arising within the scope of their activities’ in article 96(2) and any legal question’ under article 96(1). Among the troublesome themes associated with Advisory Opinions are the discretionary nature of the advisory jurisdiction, the uncertain legal effect of Advisory Opinions, and the desirability or otherwise of the Advisory Opinion as review of the judgments of international administrative tribunals. It has to be said that, while the ICJ’s jurisprudence has necessarily begun to develop answers to many of these problems, few of them (save perhaps for the legal-political debate) are finally resolved.

Keywords: Advisory Opinions; United Nations; international administrative tribunals; International Court of Justice; jurisprudence; UN Secretary-General; judgments; advisory jurisdiction

Chapter.  6925 words. 

Subjects: Public International Law

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