030168 KU The International Court of Justice and its Judicial Function in the Political Context (2022W)

The class is addressed to law students with at least a basic knowledge of public international law (sources of international law, principles of international law, role of states and individuals). The class will focus on the analysis of several decisions rendered by the International Court of Justice (ICJ) during the last decades and evaluate how the ICJ performs its judicial function when confronted with political issues. This is evaluated against the prevailing structures of international law. That is, international law traditionally rests on bilateral legal relations between states and aims at the balancing of rights and duties among the subjects of international. In such context, international courts and tribunals are often said to be confined to the role of party-oriented and -dependent ‘dispute settlers’. Yet, in absence of any centralized law-making or enforcement body, international judicial bodies also invariably shape the development of international law, at times expanding their judicial function to also engage in law-making or perhaps even the promotion of community interests such as the preservation of peace. Difficulties arise particularly in fields where policy and law might conflict, and where the traditional bilateral paradigm is exceeded.
Issues covered will include, e.g., how political conflicts might be settled by law, and how states and parties can politically exert influence on international judicial organs. Which type of cases are brought to the ICJ and why? What is the function of the ICJ as the principal judicial organ of the United Nations in the settlement of international disputes? To which extent does the ICJ foster the development of international law? Are judgments by the ICJ "effective"?