POL340Y1 Lecture Notes - Lecture 4: Nicaragua V. United States, Presbyterian Polity, International Law Commission
12 Dec 2016
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Special agreement: they have agreed to submit the matter to icj. There could be a treaty, between three states (multilateral) Both parties could accept the compulsory jurisdiction of the icj. In any case lies with icj, ask the question of (does the court have the jurisdiction?) Icj always assumes jurisdiction, unless it is a political case. Court accepted that there are theoretical cases that they might not issue advisory opinion. There are two cases court refuses to answer: the criminal court of the ij, russia case. The mere fact that something affects international politics may not be sufficient for icj to answer the question. It is a unitary court, and there is no appeal. The textbook mentioned that court does not have judicial review pattern. Jr: power that exists in countries whether executives have the power to act in certain ways. The court has said clearly that it does not have the power.
