Global Governance - Human Rights ICJ

Question 1

When was the ICJ established and stsrted operations

Answer 1

1945
operations - 1946

Question 2

Success of the ICJ

Answer 2

• (1986) resolved border clash between Burkina Faso and Mali
• (1992) settled a complicated border dispute between El Salvador and Honduras
• (2002) settled a dispute between Nigeria and Cameroon over the ownership of an oil-rich peninsula

Question 3

Why is the ICJ undermined?

Answer 3

• it’s liberal principles conflict with realist state egoism
• cannot imitate cases and can only try cases that are presented to it
• states are able to choose whether or not to be subject to the decisions of the court by signing an optional clause , which accepts in advance that they will be subject to the courts ruling
• although the UNSC is supposed tk enforce lCJ ruling, the veto-wielding permanent 5 members unlikely to do so

Question 4

How many states signed an optional clause , which accepts in advance that they will be subject to the courts ruling ?

Answer 4

72/193 members signed this optional clause

Question 5

How many members ?

Answer 5

193 members (states)

Question 6

Failure in 2014

Answer 6

• (2014) Australia brought a case against Japan, condemning its whaling program in the Antarctic . The ICJ decided in favour of Australia and Japan accepted the decision. However, in 2015, resumed whaling, albeit on a more limited scale, in defiance of the ban

Question 7

Failure in 2012

Answer 7

Colombia announced that it no longer recognised ICJ jurisdiction after it decided a maritime border case in favour of Nicaragua. Colombian president ‘the borders between nations cannot be in the hands of a court of law… They must be drawn by argument between the countries involved’

Question 8

Failure in 2010

Answer 8

ICJ delivered the advisory opinion that Kosovo was legitimately able to declare independence from Serbia in 2008. The decision was welcome by those states that recognise Kosovo’s independence, but was ignored by by Russia a key supporter of Serbia

Question 9

Failure (Israel)

Answer 9

When the UNGA asked for advice on a wall Israel was building to separate it from Palestinian territories, the ICJ declared the structure ‘illegal’. The former Israeli prime minister, Sharon, condemned the ruling as ‘one sided and politically motivated’ and made clear that Israel absolutely rejects the ruling of the court.