Public Law Studies Quarterly

Understanding International Public Order under the light of ICJ Decisions

Articles in Press

Document Type : Article

Authors

Mostafa Fazaeli 1
Masoud Ahsannejad 2

1 Prof., Department of International Law, Law Faculty, Qom University, Qom, Iran

2 Ph.D., Department of International Law, Law Faculty, Qom University, Qom, Iran

https://doi.org/10.22059/jplsq.2025.381323.3606
Abstract
The concept of international public order is a fundamental and challenging notion within international law, characterized by conflicting perspectives regarding its definition. Two primary viewpoints have emerged: the rule-based and the value-based approaches. These perspectives highlight the complexity of defining international public order, which encompasses both legal and sociological dimensions, rather than being confined solely to legal principles or relative values. In this contribution, we aim to provide a definition of international public order within the framework of international law, taking into account the jurisprudence of the International Court of Justice (ICJ) and identifying the underlying principles governing this concept. Accordingly, the main research question is: on what basis or bases does the ICJ establish international public order? it has been concluded that international public order, as reflected in the Court's rulings, is grounded in two foundations: a state-centric perspective and a human-centric perspective. Consequently, the proposed definition of international public order refers to a state of stability characterized by sustainability and balanced relationships, which is established through adherence to imperative rules derived from human values and structural norms governing international community.

Keywords

International Public Order
International Court of Justice
International Community
order-building principles and Humanity
Subjects

  1. English

    1. A) Books
    2. Hart, H. L. A. (1961). The concept of law. Oxford: Oxford University.
    3. Lauterpacht, S. H. (2011). The function of law in international community. Oxford: Oxford University.

     

    1. B) Articles
    2. von Bogdandi, A., Goldmann, M., & Venzke, I. (2017). From public international law to international public law. European Journal of International Law, 28 (1), 115-145.
    3. Ghantous, M. (2018). Ordere public protection as legitimate aim for freedom of expression restriction in the international legal order. Quebec Journal of International Law, 31 (1), 243-266.
    4. Hilpold, P. (2022). Humanizing the Law of Self-Determination – the Chagos Island Case. Nordic Journal of International Law, 91 (2), 189-215.
    5. Kelly, J. P. (2008). Naturalism in International Adjudication. Duke Journal of Comparative & International Law, 18 (2), 395- 422.
    6. Klabbers, J. (2014). The Emergence of Functionalism in International Institutional Law: Colonial Inspirations. European Journal of International Law, 25 (3), 645-675.
    7. Kumm, M. (2004). The Legitimacy of International Law: A Constitutionalist Framework of Analysis. European Journal of International Law, 15 (5), 907-931.
    8. Mennecke, M. (2021). The International Court of Justice and the Responsibility to Protect: Learning from the Case of The Gambia v. Myanmar. Global Responsibility to Protect Journal, 13 (2-3), 324-348.
    9. Yasuaki, O. (2003). International law in and with international politics, European Journal of International Law, 14 (1), 105-139
    10. Rosenstock, R. (1980). International Convention against the Taking of Hostages: Another International Community Step against Terrorism. Denver Journal of International Law & Policy, 9 (2), 169-195.

     

    1. C) Cases
    2. Accordance with International Law of the Unilateral Declaration of Independence in respect of Kosovo, Advisory Opinion, ICJ Reports 2010, Declaration of Judge Simma.
    3. Aegean Sea Continental Shelf (Greece v. Turkey), Judgment, ICJ Reports 1978.
    4. Ahmadou Sadio Diallo Case (Republic of Guinea v. Democratic Republic of Congo), Judgment, ICJ Reports (2010).
    5. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar: 7 States intervening), Judgment, ICJ Reports 2022.
    6. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (South Africa v. Israel), Order, ICJ Reports 2024.
    7. Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), judgment, ICJ Reports 2005.
    8. Asylum (Columbia v. Peru), Judgment, ICJ Reports 1950.
    9. Corfu Channel (United Kingdom of Great Britain and Northern Ireland v. Albania), Judgment, ICJ Reports 1949.
    10. Fisheries (United Kingdom v. Norway), Judgment, ICJ Reports 1951.
    11. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory opinion, ICJ Reports 2004.
    12. Legal Consequences of the separation of the Chagos Archipelago from Mauritius in 1965, (Advisory Opinion), ICJ Reports 2019.
    13. Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, ICJ Reports
    14. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States), judgment, ICJ Reports 1986.
    15. Obligation to Negotiate access to the Pacific Ocean (Bolivia v. Chile), Judgment, ICJ Reports (2018).
    16. Western Sahara, Advisory Opinion, ICJ Reports 1975

     

    1. D) Instruments
    2. Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations.

     

    References in Persian:

    1. A) Books
    2. Falsafi, H. (2016). Eternal Peace and The Rule of Law. Tehran: Nou (In Persian).
    3. Rezadoust, V. (2023). International Court of Justice (Reasoning Structure, Judicial Procedure, Legal Policy). Tehran: Neghahe Moaser (In Persian).
    4. Zamani, S. Gh., & Shahbazi, A. (2011). The Fate of International Law: Fluctuation Between Technique and Discretion. Tehran: Shahre Danesh (In Persian).

     

    1. B) Articles
    2. Abbasi Ashlaghi, M. (2002). Humanitarian Intervention and the principle of non intervention. Political-Economical Information, (169-170), 82-89 (In Persian).
    3. Arashpour, A., & Jafari, S. M. (2016). Role of the Responsibility to Protect in Ensuring Human Security. Strategic Studies Quarterly, 18 (68), 85-102 (In Persian).
    4. Attar, M. S., & Ebrahumgol, A. (2019). The Theoretical Foundations of Jus Cogens in International Law. The Quarterly Journal of Judicial Law Views, 24 (87), 1-28 (In Persian).
    5. Haddadi, M. (2012). The Comparison of Concept and Function of Public Order in International Law System and National Legal Systems. Private Law, 7 (16), 157-184 (In Persian).
    6. Hosseini, S. M., & Fathpour, F. (2020). The Compara.tive study of Humanism in Traditional and Contemporary International Law. tive law Research Quarterly, 24 (1), 31-58 (In Persian).
    7. Kadkhodaei, A., & Vakil, A. (2012). Geneology of Public Order Theory in International Law. Private law Studies Quarterly, 40 (4), 311- 331 (In Persian).
    8. Mafi, H0 (2007). A Reflection on U.S. Economic Sanctions Against Iran from the Perspective of International Law. Law and Political Science, (1), 59-84 (In Persian).
    9. Razzaghi, A., & Shayeghan, F. (2021). The Concept of International Solidarity and its Impact on the Structure of Modern International Law. Public Law Studies Quarterly, 50 (4), 1441-1461 (In Persian).
    10. Shafiei Bafti, N. (2014). Judicial policy of the International Court of Justice on self-defense: with an emphasis on the Congo case. Culmination of Law, (6), 152-174 (In Persian).
    11. Sharifi Tarazkouhi, H., & Fathpour, F. (2017). The humanization of international law in light of the normative requirements of the Charter’s legal order, in: Collection of papers from the International Conference on the 70th Anniversary of the United Nations, the Iranian Association for United Nations Studies,.Publishing Affairs of the Ministry of Foreign Affairs, 240-260 (In Persian).
Public Law Studies Quarterly

Articles in Press, Accepted Manuscript
Available Online from 21 March 2027

  • Receive Date 23 September 2024
  • Revise Date 05 January 2025
  • Accept Date 04 August 2025

Home

Journal Process Ethics

Peer Review Process

Submission

Indexing and Abstracting

Contact Us