The Use and Abuse of the International Court of Justice
Cases concerning the Use of Force after Nicaragua
Bibliographic Data
| ID | 12199233 |
|---|---|
| Authors | Christopher Gray (0000-0002-5286-4543, corresponding author) |
| Year | 2003 |
| Volume | 14 |
| Issue | 5 |
| Pages | 867-905 |
| Publication date | 2003-11-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ejil/14.5.867 |
| OpenAlex | W2052955752 |
| Language | EN |
| Citations received | 7 |
| References cited | 2 |
A majority of the contentious cases brought to the International Court of Justice in recent years have involved questions of the legality of the use of force. This is a dramatic change in the subject matter of the Court's cases; Is it a dangerous development for the Court? In the Nicaragua case the USA argued strongly that such disputes were non-justiciable, but the Court summarily rejected its arguments. The first part of this article considers how far defendant states have subsequently challenged admissibility and jurisdiction in cases involving the use of force. Despite the rejection of the US arguments in the Nicaragua case, several states have reverted to these; this article considers whether their use by states which are not members of the Security Council may be more acceptable than by the USA. The second part of this article focuses on provisional measures. It discusses whether the significant increase in the number of requests for provisional measures shows the emergence of a special regime in cases involving the use of force, and examines the divisions within the Court as to whether there should be a modification of the normal requirements for an indication of provisional measures. It concludes by considering the view the Court has taken of its role as the principal judicial organ of the UN and of its relationship to the Security Council in cases involving the use of force. 2
Economic Justice · International court · International law · Jurisdiction · Political science · Politics · Principal (computer security · Principle of legality · Public international law · Security council · Sociology · Use of force · Global Peace and Security Dynamics · International Development and Aid · International Law and Human Rights · Law
Bibliographie/Bibliography
Contested Collisions’
Zbrodnia agresji jako przestępstwo przeciwko prawu międzynarodowemu
Aggression and the symmetrical application of International Humanitarian Law
Two Courts Two Roads
Understanding the Unilateralist Turn in U.S. Foreign Policy
The Separation of Powers in the Wto
| Citations per year | 0.32 |
|---|---|
| Citation span | 2004 - 2015 (12) |
| Highly cited | No |