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International Court Authority$
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Karen J. Alter, Laurence R. Helfer, and Mikael Rask Madsen

Print publication date: 2018

Print ISBN-13: 9780198795582

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780198795582.001.0001

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The International Court of Justice and Islamic Law States

The International Court of Justice and Islamic Law States

Territory and Diplomatic Immunity

Chapter:
(p.277) 12 The International Court of Justice and Islamic Law States
Source:
International Court Authority
Author(s):

Emilia Justyna Powell

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198795582.003.0012

This chapter analyzes the International Court of Justice (ICJ), the principal judicial organ of the United Nations (UN) that adjudicates interstate disputes and issues advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. The Court—already constrained by its specific jurisdictional design and choice of forum options—faces additional hurdles in building up its authority concerning Islamic law states (ILS). The chapter then identifies why and when ILS are willing to accept ICJ authority. This question is considered in the context of two substantive areas of the ICJ’s jurisdiction: territorial sovereignty and diplomatic immunity. In territorial sovereignty cases, despite partial conflict between Islamic law’s edicts regarding territorial ownership and international law, ILS sometimes use the ICJ and respect its rulings. In diplomatic immunity cases, despite the consistency between Islamic and international law regulating diplomatic protection, ILS are not particularly willing to accept ICJ authority.

Keywords:   International Court of Justice, United Nations, Islamic law states, ICJ authority, territorial sovereignty, diplomatic immunity, territorial ownership

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