International Court of Justice ICJ Advisory Opinion International Law explained скачать в хорошем качестве

International Court of Justice ICJ Advisory Opinion International Law explained

#law #internationallaw #education #lecture #legal International Court of Justice ICJ Advisory Opinion International Law Lex Animata Hesham Elrafei International Court of Justice, advisory opinion visualized The International Court of Justice may give an advisory opinion on any legal issue, at the request of whatever body may be authorized by, or in accordance with the United Nations Charter to make such a request. The General Assembly and the Security Council, and other United Nations organs are authorized to request advisory opinions as per article 96 of the charter. Advisory opinions are of their nature not binding in law, though they may establish principles of law that are followed in subsequent actions, opinions, and cases. The International Court of Justice has the discretion to deal with the request, as it is not obliged to give an advisory opinion. As long as a request is framed in terms capable of judicial examination, the Court will give an opinion; regardless of whether the request has been politically motivated, or couched in abstract terms. Still, The Court will decline a request to provide an advisory opinion, if there exist compelling reasons to do so, as indicated by the Court in the Western Sahara Case. In addition, the Court will not deliver an advisory opinion, where the request by a Specialized Agency falls outside the scope of its activities, or if the matter relates to a contentious dispute between States, or concerns factual issues but one of the parties refuses to cooperate with the Court, thereby making it difficult for the Court, to arrive at any judicial conclusion upon the question, in the absence of sufficient materials.