EXTERNAL CONSTRAINTS RESTRICTING THE ROLE OF THE INTERNATIONAL JUDICIARY IN SETTLING INTERNATIONAL DISPUTES (INTERNATIONAL COURT OF JUSTICE AS A MODEL)
Journal of college of Law for Legal and Political Sciences,
2019, Volume 8, Issue issue 31 part 2, Pages 159-179
AbstractThere are many legal problems that undermine the rules of international law, which reflect directly or indirectly on the work of the International Court of Justice and limiting its effective role in performing its mission to achieving justice internationally at an effective level.Based on that, the obstacles that are considered as limiting factors for the development of international rules and resulting from the states themselves, such as the concept of sovereignty and the politicization of international disputes through their distance from their legal content and the preference of the political or economic side, as well as the legal mechanisms that were set in the system of work of the International Court of Justice and the conditions that must be met to subject to the court has also become a reason to add obstacles related to the work of the court. In addition, other obstacles were included such as the legislative deficiency in some international legal texts as a result of legislating few effective rules due to the difference of the legal systems from which those rules were born, such as the Latin system and the Anglo-Saxon system, and this matter is part of another problem that legislators do not adopt legal rules, especially those emanating from the customary system.
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