that is to play a particular and useful role in dispute settlement. In this role the
Court is prepared to take under its purview disputes that involve significant
political aspects, including questions regarding a state's employment of armed
force. This does not mean that the Court has abandoned legal issues and has
become a political body. Rather, the Court has become more willing to consider
and pronounce upon facts and respective legal rights that are enmeshed in
controversial and ongoing political disputes between states.

As the Court continues to move in this new direction, it will likely offend
some states and please others. The outrage expressed by the Reagan
administration with the Court's acceptance of the case brought against the United
States by Nicaragua and the subsequent statement by the Legal Adviser
announcing the U.S. withdrawal from the optional clause of the Court's Statute
reflect a view that challenges the Court's activist approach. It is not clear at the
present time how far the Court is prepared to go, or will be able to go without
causing a significant number of states to follow the United States and withdraw
from the optional clause, in pursuing its activist role. At the same time, it is
difficult to comprehend the Court retreating from its activist approach. The
Court will, no doubt, attempt to achieve a balance such that it remains an
activist tribunal without losing its jurisprudential credibility or legitimacy.

Thomas J. Bodie's work gives us the foundation to confront conventional
wisdom about the Court but also, and more importantly, it enables us to
appreciate the dynamic and creative forces operating in the international legal
system that enable the Court in particular and the rules of international law in
general to assume a more visible and important role in the conduct of
international relations. These same dynamic forces also make the study of
international relations so important and so exciting. We are indebted to him for
his contribution to the field of study.

Don C. Piper
University of Maryland

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