The Advisory Judicial Function of the International Court of Justice and the Resolution of International Disputes
CIDS Online Seminar
25 March 2022, 15:30-16:45 CET
The Advisory Judicial Function of the International Court of Justice and the Resolution of International Disputes
A dialogue between Professor Pierre Klein and Dr Lorenzo Palestini,
with opening remarks by Professor Laurence Boisson de Chazournes,
Director of the CIDS
The Geneva Center for International Dispute Settlement (CIDS) is pleased to invite you to attend our seminar, "The Advisory Judicial Function of the International Court of Justice and the Resolution of International Disputes", as a part of the CIDS Doctoral Seminars series on
Friday, 25 March 2022 from 15:30-16:45 CET.
The event will take place online through Zoom. In order to receive the access information, please register听by clicking the button at the end of this听email or following this link:
.
We look forward to having you join us.听
The CIDS Team
Presenters:
Lorenzo Palestini, Lecturer at the Graduate Institute of International and Development Studies of Geneva
Seminar Description
Notwithstanding their distinctive features and purposes, the advisory and contentious functions of the International Court of Justice have long been blurred in international practice. Even though the Court recognises a non-circumvention principle that compels it to decline giving an opinion when that amounts to eluding lack of consent, the line between answering questions with a view to assisting international organisations and essentially resolving disputes is subtle to say the least. A sovereignty dispute and the broader frame that is the law of decolonization and the right to self-determination may well be two sides of the same coin. Is the way legal questions are framed important, or should the Court look past formulations to assess the concrete impact of its opinions on disputes? To what extent can advisory opinions, which by definition have no binding effect, nonetheless bring disputes to an end? By looking at the Chagos Archipelago and the contentious and advisory proceedings it prompted, the event aims at considering the boundaries of the advisory function and evaluating jurisdictional strategies.
The dialogue will take place in the context of the SNSF research project: 听
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