The role of the International Court of Justice as the principal judicial organ of the United Nations

Abstract

This thesis provides an analysis of the role of the International Court of Justice as the principal judicial organ of the United Nations. Since its creation, more than sixty years ago, the Court has contributed significantly to the achievement of the United Nation's objectives. Part I gives a brief overview of the evolution of the notion of international adjudication and its link to international organisations. It also demonstrates that the idea of having an International Court integrated within an international Organisation is not a modern concept; it can be traced back to classical times. The integral relationship between the International Court of Justice, as a principal judicial organ, and the United Nations is also examined. Part II examines the role of the Court as legal advisor to the UN through its advisory jurisdiction. This is followed by the role of the Court in facilitating and realising the purposes of the UN through its contentious jurisdiction. The Court's power to interpret the institutional law of the Organisation and the general rules of international law, which have led to its contribution in the development of international law rules are also examined. Part III gives a general overview of the role of the ICJ and explores possible reasons for the underutilisation of the Court by Member States. In an effort to increase the effectiveness of the Court, a number of suggestions and proposals for enhancing its role are considered.