The International Court of Justice: Its Role in the Maintenance of International Peace and Security

The International Court of Justice: Its Role in the Maintenance of International Peace and Security

The International Court of Justice: Its Role in the Maintenance of International Peace and Security

The International Court of Justice: Its Role in the Maintenance of International Peace and Security

Excerpt

I gladly comply with the invitation of the President of the Carnegie Endowment for International Peace to contribute a Foreword to this scholarly and timely monograph by Professor Lissitzyn on the International Court of Justice. For it is desirable that the work of the Court and its place in orounised international society should be studied as a whole, and not only in relation to particular disputes or problems, however important. It is only then that we may hope to gain the proper perspective for assessing both the achievements of the Court and the scope of possible improvements in its constitutional structure and its methods. Such improvements are a legitimate subject of study and discussion notwithstanding the fact that as in the case of its predecessor -- the Permanent Court of International Justice -- the results of the first five years of the existence of the International Court of Justice have not only vindicated the expectations attached to its establishment at the end of the Second World War. They have exceeded it. In the first two years of the activity of the Court, the scarcity of cases submitted to it tended to create some embarrassment and prompted search for remote analogies of a similar predicament such as that of the Supreme Court of the United States which in the first decade after its establishment had a somewhat nominal existence. Yet, barely within five years of its creation, the number of cases inscribed on the list of the International Court of Justice suggests that the time may be near when the accumulation of business will render topical the question of the adaptation of the machinery of the Court to the rapid expansion of its contentious and advisory jurisdiction.

The actual and anticipated volume of the business of the Court is not the only indication or explanation of its present status and stature. There are rather reasons which seem to . . .

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