POL340Y1 Lecture Notes - Lecture 4: Montevideo Convention, Estrada Doctrine, International Law Commission
22 Nov 2016
School
Department
Course
Professor
Document Summary
Unga and unsc and 14 other organizations can ask for an advisory opinion from the icj. Unsc has no reason to propose an advisory opinion (since the opinions are not binding) Parties in a live dispute are bound to the decision of the icj. Icj has jurisdiction via: special agreement, treaties, general acceptance. Jurisdiction must apply to the parties and the subject matter. Icj has never rejected an opportunity to give an advisory opinion. You do not have to be a state to have an opportunity to give an opinion in an advisory opinion (ex. Live disputes on the other hand are states only. 2 cases where icj refuses to answer question it has jurisdiction over: purely political question, other organizations besides the ga. Icj decisions do not have an appeals system. Icj does not have judicial review: challenge whether executive actors have the legal authority to do something.
