Some Observations on the ICJ’s Procedural and Substantive Innovations

  title={Some Observations on the ICJ’s Procedural and Substantive Innovations},
  author={Thomas M. Franck},
  journal={American Journal of International Law},
  pages={116 - 121}
  • T. Franck
  • Published 1 January 1987
  • Law
  • American Journal of International Law
The decision of the International Court of Justice in the case between Nicaragua and the United States brims with important procedural and substantive implications for the future of law and adjudication in disputes between states. 

State Practice: The Charter and Interstate Violence

Having examined the inadequacies of the traditional international law framework for analyzing the effect of states acts and nonacts, let us turn now to what states actually have done. What has been

The Legal Effects of Resolutions of the UN Security Council and General Assembly in the Jurisprudence of the ICJ

This article aims to extract from the jurisprudence of the International Court of Justice a basic theory of legal effects of unilateral instruments of international organizations in public

'Armed Attack' and Article 51 of the UN Charter: Evolutions in Customary Law and Practice

Introduction 1. The methodological debate and the quest for custom 2. Conditions of self-defence 3. The Armed Attack Requirement Ratione Materiae 4. The Armed Attack Requirement Ratione Temporis 5.

The Nicaragua v. United States Case: An Overview of the Epochal Judgments

Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America) is easily one of the most recognisable, important and debated cases in the history of the

The Use of Force in the Nicaraguan Cases

The 1986 judgment in Nicaragua v. United States is of seminal importance in the development of international law governing the use of force, crowning a process of legal development that began in the

Traditional and Modern Approaches to Customary International Law: A Reconciliation

The demise of custom as a source of international law has been widely forecasted. This is because both the nature and the relative importance of custom’s constituent elements are contentious. At the

The Effect of State Practice on the Charter

In classic international law doctrine custom is an independent source of authority. A state seeking legal justification for its act may rely not only upon a treaty such as the UN Charter but also

Customary International Law: Its Nature, Sources and Status as Law of the United States

This classic article addresses the nature, sources and status of customary international law as part of the constitutionally-based laws of the United States. In particular, there is detailed

A Court of “UN Law”

Resort to the Court presupposes a disposition to depoliticize the issues; when this precondition is not attained on both sides of the fence, the Court's Advisory Opinions are bound to be ineffective.

International Customary Investment Law: Story of a Paradox

This chapter zeroes in on customary international law and examines the role played by this specific source of law in the development of international investment law. After a few considerations on the