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The International Court of Justice and the Judicial Function$
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Gleider I Hernández

Print publication date: 2014

Print ISBN-13: 9780199646630

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199646630.001.0001

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Identity and Function

Identity and Function

The Judicial Character of the Court

(p.41) III Identity and Function
The International Court of Justice and the Judicial Function

Gleider I Hernández

Oxford University Press

This Chapter addresses the Court in its present institutional form, addressing its dual function in relation to the settlement of contentious disputes and its advisory function in relation to the organs of the United Nations. Taking into account the Court's enduring concern for its consensual jurisdiction, this Chapter considers the various powers the Court has claimed for itself on the basis that these are inherent in the function of any judiciary, both in relation to its contentious and advisory functions. It concludes with an extended discussion of the Court's role in the development of international law.

Keywords:   Principal judicial organ, consensual jurisdiction, judicial review, advisory function, inherent powers, justiciability, intervention of third parties, development of international law, judicial propriety

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