NCJ Number
122861
Date Published
1987
Length
26 pages
Annotation
International adjudication through the International Court of Justice is examined in terms of its characteristics, advantages, and disadvantages, with emphasis on its implications for the United States and its decision to withdraw its acceptance of the compulsory jurisdiction of the Court under Article 36(2) of the Court statute.
Abstract
Among the advantages of adjudication by a standing tribunal are that it is dispositive, impartial, principled, authoritative, and reinforcing of the legal system. On the other hand, individual nations may perceive some disadvantages to international adjudication. These include its unpredictability and ineffectiveness. In addition, it may not be sufficiently impartial and may be superficial and adversarial. Nevertheless, it can be a valuable adjunct to more commonly used techniques and thus should be strengthened rather than abandoned. Thus, it would be in the national interest of the United States for the government to resume its acceptance of compulsory jurisdiction of the International Court. 70 footnotes.