Legal practice of the International Court of Justice: current challenges

Authors

  • Andriy Albu

DOI:

https://doi.org/10.15330/apiclu.70.4.1-4.11

Keywords:

interpretation of an international treaty, jurisprudence of international treaty bodies, legal grounds for interpretation, factual grounds for interpretation, inherent powers, implied powers

Abstract

The article analyzes the powers of the International Court of Justice of the United Nations regarding the interpretation of international treaties and the formation of the practice of their own jurisprudence on monitoring compliance with international treaties.
The interpretation of international treaties by the International Court of Justice of the United Nations is the most authoritative form of official interpretation. In interpreting treaties, the ICJ has relied on the text of the treaty, using the object, purpose, subsequent practice and consent of the parties, applying static and increasingly evolutionary principles of interpretation, as well as custom. The UNCJ deals with cases in strict compliance with jus cogens standards, as well as with the principles of good faith and the ordinary meaning of terms. The UNCJ has given due importance to the principle of audi alteram partem, according to which no person should be condemned without a fair trial, where each party has an opportunity to respond to the evidence against him. The UNCJ also practices contextual interpretation.
The competence of the UN ICJ includes general and related powers, which define general powers, which include the resolution of legal disputes between states that fall under the compulsory jurisdiction of the Court, in particular on the interpretation of a treaty; any question of international law; on the existence of a breach of an international obligation; on the nature and amount of compensation for the breach of an international obligation. Related powers include: interpretation of international treaties, identification and statement of gaps in existing international law.
Based on the research conducted, conclusions were drawn regarding the powers of the International Court of Justice of the United Nations and the practice of its activities was analyzed, which, responding to the demands of the time, demonstrates the desire for flexible and effective reconciliation of the parties to the dispute, contributes to achieving understanding and strengthening peace.

Published

2026-01-15

Issue

Section

Theoretical, comparative, historical principles of legal regulation