The International Court of Justice at a Crossroads

Published under the auspices of the American Society of International Law.
Winner of the 1988 American Society of International Law Certificate of Merit

This major study of the International Court of Justice was the first comprehensive analysis of the issues confronting governments in reexamining the scope of their consent to the Court’s jurisdiction. Topics include the suitability of various kinds of disputes for resolution by the Court; problems of non-appearance, non-participation, and non-performance; provisional measures; and more.



Published under the Transnational Publishers imprint.
Copyright Year:
1987
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ISBN:
978-90-04-63986-7
Publication:
14 Jul 2025
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Out of print
ISBN:
978-09-41-32046-7
Publication:
01 Dec 1988
Cover The International Court of Justice at a Crossroads

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Front Matter
Preliminary Material
Acknowledgments
List of Tables and Appendices
List of Abbreviations
Contributors
List of Members of the Study Panel on International Adjudication and the Jurisdiction of the International Court of Justice
Introduction
Messianism and Chauvinism in America’s Commitment to Peace Through Law
Compulsory Jurisdiction under the Optional Clause: History and Practice
Treaties as a Source of Jurisdiction, Especially in U.S. Practice
Reciprocity and the Optional Clause
Confidence in the Court: It Need not be a “Hollow Chamber”
Judicial Independence and Impartiality: A Preliminary Inquiry
International Dispute Settlement and the Role of International Adjudication
Legal Disputes under Article 36(2) of the Statute
Disputes Involving the Use of Force
Disputes under Consideration by the U.N. Security Council or Regional Bodies
Disputes Involving the Inherent Right of Self-Defense
Disputes Implicating the Institutional Credibility of the Court: Problems of Non-Appearance, Non-Participation, and Non-Performance
Evidence and Proof of Facts
Multilateral Disputes
United States Experience at the International Court of Justice
The Consonance of U.S. Positions with the International Court’s Advisory Opinions
Constitutional Issues in Terminating U.S. Acceptance of Compulsory Jurisdiction
Conclusion
Back Matter
U.N. Charter, Articles 92-96
Statute of the International Court of Justice Articles 36, 38, 59, 65(1)
Declaration of the United States of America Under Article 36(2) of the I.C.J. Statute, August 26, 1946
Letter of George P. Shultz to Modify the 1946 Declaration, April 6, 1984
Statement Concerning U.S. Withdrawal from the Nicaragua Case, January 18, 1985
Notice of Termination of the 1946 Declaration, October 7, 1985, with Statement of Department of State
World Court Voting Record: All Votes by Nationality of Judges in Contentious Cases, 1946-1986
Cases Cited
Index
Lori Fisler Damrosch is Professor of International Law at Columbia University.
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