Modernizing the Role of the International Court of Justice

This book discusses the future role of the International Court of Justice (ICJ) in a world facing survival challenges. It discusses threats such as climate change, environmental degradation and pandemics, and argues that in the future the ICJ will need to carry out judicial, security and protection functions as it is the only organ of the United Nations (UN) that can discharge such functions in view of its independence and expertise. The author proposes that the ICJ can apply a hitherto unused jurisdictional provision in Article 36 of its statute that allows it to deal with "All Matters Specially Provided for in the UN Charter" and presents three examples of issues that would require the urgent attention of the ICJ: vaccine equity in a global pandemic, climate disaster, and mass movements of people across frontiers due to climate change and environmental degradation. Bertrand Ramcharan (Guyana) is a Barrister-at-Law of Lincoln’s Inn with a Doctorate in international law from the London School of Economics (LSE) and the Diploma in International Law of the Hague Academy of International Law. He was LSE International Law Scholar and has been Commissioner of the International Commission of Jurists and a Member of the Permanent Court of Arbitration. He has also been Director of the Research Centre of the Hague Academy of International Law (The Right to Life), Professor at the Geneva Graduate Institute, and Chancellor of the University of Guyana. He is a former Chief speech-writer of the UN Secretary-General, and has performed the functions of UN High Commissioner for Human Rights. His doctoral thesis was on the approach of the International Law Commission to the codification and progressive development of international law. Foreword Preface Vaccine Equity in a Global Pandemic Climate Disaster Mass Movements of Population Across Borders About This Book Contents About the Author 1 Introduction 1.1 Introductory Remarks 1.2 Room for Modernization: A Changing World Necessitates Evolution of the Role of the ICJ to Include Security and Protection 1.3 Policy Parameters: The Right to Life, The Right to a Safe, Clean, Healthy and Sustainable Environment and The Right to Democratic Governance Under the Rule of Law 1.3.1 The Right to Life 1.3.2 Climate Change 1.3.3 The Global Environment: The Right to a Safe, Clean, Healthy and Sustainable Environment 1.3.4 Governance and the Rule of Law 1.4 Conclusion References 2 The Judicial Function, the Security Function, and the Protection Function in the Evolving International Legal Order 2.1 Introduction 2.2 The Judicial Function 2.2.1 European Court of Justice 2.2.2 East African Community Court of Justice 2.2.3 ECOWAS Community Court of Justice 2.2.4 African Court of Justice and Human Rights 2.2.5 Supreme Court of the USA 2.2.6 Supreme Court of India 2.2.7 South African Constitutional Court 2.3 The Security Function 2.4 The Protection Function 2.5 Conclusion References 3 The ICJ’s Jurisdiction Includes ‘All Matters Specially Provided for in the Charter of the UN’ 3.1 Introduction 3.2 All Matters Provided for in the Charter 3.3 Activating this Hitherto Unused Jurisdiction of the World Court 3.4 The Statute of the World Court 3.5 Conclusion References 4 The Role of the UN’s Principal Judicial Organ in a World Facing Existential Threats and Crises 4.1 Introduction 4.2 Existential Threats and Challenges Facing the World 4.3 Preventive Approaches 4.4 The Future Role of the Principal Judicial Organ of the UN 4.5 Conclusion References 5 The World Court and the Enhancement of International Authority 5.1 Introduction 5.2 The ICJ’s Contribution to the International Public Order 5.2.1 Obligations Erga Omnes 5.2.2 Jus Cogens 5.2.3 Protection of the Right to Life 5.2.4 Protection of the Environment 5.2.5 The Legality of Nuclear Weapons 5.2.6 The Principle of the Non-use of Force 5.2.7 Self-determination 5.2.8 Prevention of Genocide 5.2.9 The Content of International Human Rights Law 5.2.10 Word Made Law 5.3 Authority of the International Court of Justice 5.4 The ICJ and the Authority of the UN General Assembly, the Security Council and the Secretary-General 5.4.1 The General Assembly 5.4.2 The Security Council 5.4.3 The Secretary-General 5.5 Conclusion References 6 A Global Security Jurisdiction for the World Court 6.1 Introduction 6.2 Public Interest Litigation in the USA 6.3 Public Interest Litigation in India 6.4 A Global Security Jurisdiction for the World Court 6.5 Conclusion References 7 An International Protection Role for the ICJ 7.1 Introduction 7.2 The Human Rights Obligations of Member States Under the Charter 7.3 The Strategic Role of National Protection Systems 7.3.1 Constitutional Dimension 7.3.2 Legislative Dimension 7.3.3 Judicial Dimension 7.3.4 Institutional Dimension 7.3.5 Monitoring Dimension 7.4 The International Court of Justice as the Supreme Protector of Human Rights Under the Charter 7.5 Conclusion References 8 A Judicial Review Role for the ICJ 8.1 Introduction 8.2 Due Process at the United Nations 8.3 Judicial Review by the ICJ 8.3.1 Pronouncements of International Law by a UN Organ 8.3.2 Alleged Breaches of the Principle of Justice 8.3.3 Non-applicability to the Exercise of Political Judgement by Member States 8.4 Conclusion References 9 Conclusion References Annex I Faith in the ICJ Annex II Public Order Principles in Selected Cases of the ICJ Annex III Provisions of the UN Charter Concerning the International Court of Justice Annex IV Statute of the International Court of Justice (An integral part of the United Nations Charter) Chapter I: Organization of The Court Chapter II: Competence of the Court Chapter III: Procedure Chapter IV: Advisory Opinions Chapter V: Amendment Annex V International Court of Justice Rules of Court (1978) Preamble Part I The Court Section A. Judges and Assessors Subsection 1. The Members of the Court Subsection 2. Judges ad hoc Subsection 3. Assessors Section B. The presidency Section C. The chambers Section D. Internal Functioning of the Court Part II The Registry Part III Proceedings in Contentious Cases Section A. Communications to the court and consultations Section B. The Composition of The Court For Particular Cases Section C. Proceedings before the court Subsection 1. Institution of Proceedings Subsection 2. The Written Proceedings Subsection 3. The Oral Proceedings Section D. Incidental Proceedings Subsection 1. Interim Protection Subsection 2. Preliminary Objections Subsection 3. Counter-Claims Subsection 4. Intervention Subsection 5. Special Reference to the Court Subsection 6. Discontinuance Section E. Proceedings Before the Chambers Section F. Judgments, Interpretation And Revision Subsection 1. Judgments Subsection 2. Requests for the Interpretation or Revision of a Judgment Section G. Modifications proposed by the parties Part IV Advisory Proceedings Bibliography Index