An examination of the role of advisory opinions under international law

Abstract

Advisory opinions are non-binding judicial pronouncements on questions of law. They are thought to have been first conceived at a national level, and later, at an international level with the creation of the Permanent Court of International Justice, which was then succeeded by the International Court of Justice. At an international level advisory opinions have numerous roles. Indeed, by way of their advisory opinions, Courts and Tribunals assist the requesting entities by clarifying legal questions which such entities are faced with in the exercise of their functions. Moreover, they allow Courts and Tribunals to interpret and clarify the provisions of international legal instruments, thereby providing guidance as to certain issues faced by the international community, and thus contributing to the development of international law. Furthermore, advisory opinions have also indirectly settled disputes between States or between a State and an international organization. Even in cases where advisory opinions do not settle disputes, they provide important guidance to the parties concerning the applicable law and the interpretation of such law, and thus may assist the parties in eventually settling their disputes. Although advisory opinions are non-binding, they can be attributed binding effect through ante factum or post factum international agreements. Yet, even advisory opinions which are not given binding nature through an agreement have great authority, this is evidenced through the numerous resolutions adopted by the requesting entities and the fact that advisory opinions are usually respected and upheld by the international community.