The International Court of Justice in an Age of Inter-Legality: A Survey of its Case Law in the New Millennium
Year: 2020
Author: Birkenkötter, Hannah, Kaya, Berkan
German Yearbook of International Law, Vol. 63 (2020), Iss. 1 : pp. 421–450
Abstract
The International Court of Justice (ICJ) occupies a special position amongst international courts. With its quasi-universal membership and ability to apply in principle the whole body of international law, it should be well-placed to adjudicate its cases with a holistic view on international law. This article examines whether the ICJ has lived up to this expectation. It analyses the Court’s case load in the 21st century through the lens of inter-legality as the current condition of international law. With regard to institutional inter-legality, the authors observe an increase of inter-State proceedings based on largely the same facts that are initiated both before the ICJ and other courts and identify an increasing need to address such parallel proceedings. With regard to substantive inter-legality, the article provides analyses of ICJ cases in the fields of consular relations and human rights, as well as international environmental law. The authors find that the ICJ is rather reluctant in situating norms within their broader normative environment and restrictively applies only those rules its jurisdiction is based on. The Court does not make use of its abilities to adjudicate cases holistically and thus falls short of expectations raised by its own members 20 years ago.
You do not have full access to this article.
Already a Subscriber? Sign in as an individual or via your institution
Journal Article Details
Publisher Name: Global Science Press
Language: English
DOI: https://doi.org/10.3790/gyil.63.1.421
German Yearbook of International Law, Vol. 63 (2020), Iss. 1 : pp. 421–450
Published online: 2020-01
AMS Subject Headings: Duncker & Humblot
Copyright: COPYRIGHT: © Global Science Press
Pages: 30
Keywords: International Court of Justice Fragmentation Inter-Legality International Environmental Law Human Rights Consular Relations
Author Details
| Section Title | Page | Action | Price |
|---|---|---|---|
| Hannah Birkenkötter and Berkan Kaya\nThe International Court of Justice in an Age of Inter-Legality: A Survey of its Case Law in the New Millennium | 421 | ||
| I. Introduction | 421 | ||
| II. Inter-Legality as the Status Quo of Contemporary International Law: Substantive and Institutional Dimensions | 423 | ||
| A. Substantive Inter-Legality | 424 | ||
| B. Institutional Inter-Legality | 425 | ||
| C. What Place for the ICJ in an Age of Multiple Legalities? | 426 | ||
| III. Revisiting the International Court of Justice’s Adjudicative Practice | 428 | ||
| A. Preliminary Observations | 421 | ||
| B. Institutional Inter-Legality at the ICJ | 421 | ||
| C. Substantive Inter-Legality at the ICJ: Two Examples | 421 | ||
| 1. Human Rights and Consular Relations: What Relationship Between These Two Bodies of Law? | 421 | ||
| 2. International Environmental Law: The Challenge of Systemic Integration | 422 | ||
| IV. Conclusion | 422 |