TY - JOUR
T1 - The legitimacy of the ICJ's advisory competence in the shadow of the wall
AU - Broude, Tomer
PY - 2005
Y1 - 2005
N2 - This comment relates to a more universal aspect of the Wall opinion, asking whether the ICJ has promoted or undermined international law in its conduct, more particularly the legitimacy of the ICJ's advisory function. The comment argues that the Wall displays two conflicting tendencies in this respect. If one examines the opinion's procedural ‘inputs’ (even setting aside the issues of jurisdiction and propriety), the ICJ may have robbed the advisory procedure of some of its legitimacy by unfairly ignoring the case's contentious aspects on the procedural level. However, if one focuses on the opinion's ‘outputs’, it may have marked a significant, if imperfect, legitimate stage in the ongoing modernization of the ICJ, towards a supra-national, compulsory judiciary that allows a degree of effective access to non-state interests. Which of these evaluations will ultimately hold sway (or how they will weld together), remains to be seen.
AB - This comment relates to a more universal aspect of the Wall opinion, asking whether the ICJ has promoted or undermined international law in its conduct, more particularly the legitimacy of the ICJ's advisory function. The comment argues that the Wall displays two conflicting tendencies in this respect. If one examines the opinion's procedural ‘inputs’ (even setting aside the issues of jurisdiction and propriety), the ICJ may have robbed the advisory procedure of some of its legitimacy by unfairly ignoring the case's contentious aspects on the procedural level. However, if one focuses on the opinion's ‘outputs’, it may have marked a significant, if imperfect, legitimate stage in the ongoing modernization of the ICJ, towards a supra-national, compulsory judiciary that allows a degree of effective access to non-state interests. Which of these evaluations will ultimately hold sway (or how they will weld together), remains to be seen.
UR - http://www.scopus.com/inward/record.url?scp=84928627769&partnerID=8YFLogxK
U2 - 10.1017/S0021223700012668
DO - 10.1017/S0021223700012668
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AN - SCOPUS:84928627769
SN - 0021-2237
VL - 38
SP - 189
EP - 210
JO - Israel Law Review
JF - Israel Law Review
IS - 1-2
ER -