ICJ

Question 1

What does the ICJ do?

Answer 1

Legal disputes between states

Question 2

Why Delegate to International Courts?

Answer 2

Reason to delegate: task requires special skill or knowledge, requires impartiality, investigations, monitoring, dispute resolution. Courts make it easier to sustain good cooperative outcomes

Question 3

What trends led to the increase in International Courts?

Answer 3

1). Increasing legalization of international rules
2). The problem of incoherence

Question 4

What is Principal-Agent Theory?

Answer 4

Describes the pitfalls (agency slack) that arise when one person (agent) represents another person (Principal)

Question 5

What are the types of incoherence in international law?

Answer 5

Parallel Laws, conflicting laws

Question 6

History of the ICJ

Answer 6

created in 1945 as an annex to UN charter, Settles international disputes between states, 15 judges chosen by UNGA or UNSC, constrained jurisdiction due to consent

Question 7

ICJ jurisdiction

Answer 7

must be a legal dispute between two consenting states, some states offer case by case, others offer blanket consent. Consent often manipulated.

Question 8

ICJ judgements draw on what four sources of law? rank in order

Answer 8

1). International treaties
2). International customs
3). General principles of law recognized by civilized states
4). National judicial decisions and teachings of scholars

Question 9

Compliance with ICJ

Answer 9

No “hard” enforcement power, reputitional costs, Selection effects

Question 10

Nicaragua v United States

Answer 10

1980s US provides military and financial aid to rebels attempting to overthrow Nicaraguan government, 1984 Nicaragua files suit in ICJ, US says ICJ has no jurisdiction, ICJ decides it has jurisdiction due to 1956 treaty of friendship so US must cease support, US refuses to comply, Nicaragua refers case to UNSC, US vetoes

Question 11

Iran v United States

Answer 11

May 2018 Trump pulls US from Iran nuclear deal, Iran files suit in ICJ, contested jurisdiction, ICJ has jurisdiction due to treaty of Amity and Economic relations, US says it will terminate treaty

Question 12

Belgium v Congo

Answer 12

April 2000 Belgium issues arrest warrant for Congolese Foreign minister, Congo files suit in ICJ saying Belgium law violates their sovereignty, ICJ rules in favour of Congo based on custom that international law grants immunity to government officials