Document Type : Article

Authors

1 Ph.D. Student in International Law, Khorasgan Branch, Islamic Azad University, Isfahan, Iran

2 Ph.D. in International Law, Associate Prof., Department of Law, Faculty of Law, Khorasgan Branch, Islamic Azad University, Isfahan, Iran

3 Ph.D. in Public International Law, Assistant Prof., Department of Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

Abstract

Undoubtedly, International Court of Justice as the principal judicial organ of the United Nations and also one of the highest international forums with general subject-matter jurisdiction has had an important role in development of international law for decades. In spite of ICJ’s core role in the development of international law, the legitimacy of this contribution has always been contested by some scholars. It is obvious that ICJ is not and could not be a legislative body in international law, but through of its judicial capacity the ICJ has developed existing rules and clarified the vague customary rules. In this respect, the legitimacy of those decisions or practice has always been questioned. As this article argues, ICJ through its high position in the international dispute settlement system and also its justification capability, has obtained enough legitimacy of the development of international law and such legitimacy has been approved by international community.

Keywords

  1. انگلیسی

    1. A) Books
    2. Alvarez, José E. (2005), International Organizations as Law-makers, New York, Oxford University Press.
    3. Bedi, Shiv RS (2007), The Development of Human Rights Law by the Judges of the International Court of Justice, Portland, Hart Publishing.
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    5. Dworkin, Ronald (1986), Law's Empire, Cambridge and London, Harvard University Press.
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    1. B) Articles
    2. Abi-Saab, Georges (2008), “The Security Council as Legislator and as Executive in its Fight Against Terrorism and Against Proliferation of Weapons of Mass Destruction: The Question of Legitimacy”, in Rüdiger Wolfrum, Volker Roben (eds.), Legitimacy in International Law, Springer.
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    1. C) Cases
    2. Ambatielos (Greece v. United Kingdom), Judgment of 19 May 1953
    3. Anglo-Iranian Oil Co. (United Kingdom v. Iran), Judgment of 22 July 1952.
    4. Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v. Rwanda), Judgment of 3 February 2006
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    6. Continental Shelf (Malta v. Libyan Arab Jamahiriya), 1985 I.C.J. 13, 44 (Judgment).
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    12. Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion of 8 July 1996
    13. Legality of Use of Force (Yugoslavia v. Spain), Order of 2 June 1999
    14. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Judgment of 27 June 1986.
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    17. Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal), Judgment of 20 July 2012.
    18. Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion of 11 April 1949, Individual Opinion by M. Alvarez.
    19. South West Africa (Ethiopia v. SouthAfrica), Judgment of 18 July 1966.

     

     

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