The origin and development of the advisory function of the International Court of Justice

Authors

  • Karim Farag Milad Al-Takkouri Libyan Center for Dental Research - Research Department - Zliten - Libya Author

DOI:

https://doi.org/10.58916/alhaq.vi.281

Keywords:

International Court of Justice, Permanent Court, International Judiciary, UN Charter, Advisory Opinion.

Abstract

The advisory function was not a new concept; rather, it is a function recognized by numerous international legal systems that preceded the current international legal system. With the establishment of the League of Nations and the Permanent Court of International Justice, the advisory function of the International Court of Justice developed significantly, leading some to argue that the advisory function of the International Court of Justice originally arose with the establishment of the League of Nations and the Permanent Court of International Justice. The advisory function extended to include some European organizations, such as the European Court of Justice and the European Court of Human Rights. Similarly, this function was not limited to European organizations alone, but also extended to include some other international and regional organizations, such as the Inter-American Court of Human Rights, the African Commission on Human and Peoples' Rights, and the International Islamic Court of Justice. This is evidence of the importance of this function at the international and regional levels.

Downloads

Download data is not yet available.

References

First: The Holy Quran.

Second: Books:

Ahmed Hassan Al-Rashidi, The Fatwa Function of the International Court of Justice and Its Role in Interpreting and Developing the Powers and Jurisdictions of the Political Organs of the United Nations, Egyptian General Book Organization, 1993.

Jaber Ibrahim Al-Rawi, Human Rights and Fundamental Freedoms, Wael Printing and Publishing House, Jordan, 1st ed., 1999.

Jalal Ali Al-Adawi, Sources of Obligation (A Comparative Study in Egyptian and Lebanese Law), University House, Cairo, 1994.

Saud Al-Mawla, Autumn of the United Nations, Dar Al-Manhal Al-Lubnani, Beirut, 1999.

Saeed Salem Juwaili, International Organizations, Dar Al-Nahda Al-Arabiya, Cairo, 1st ed., 2001.

Suhail Hussein Al-Fatlawi, The Law of the Halab, Dar Al-Qadisiyah, Baghdad, Iraq, 1984.

Al-Sayyid Abu Al-Khair, Documents of Military Globalization Alliances, Ark Publishing and Distribution, Cairo, 1st ed., 2005.

Akif Youssef Hofan, Regional and International Organizations, Dar Al-Ahmadi Publishing, Cairo, 1st ed., 2004.

Abdul Salam Saleh Arafa, International and Regional Organizations, Jamahiriya House for Publishing, Distribution, and Advertising, 2nd ed., 1999.

Abdul Salam Saleh Arafa, International and Regional Organizations, National Library, Benghazi, 1st ed., 2004.

Abdul Karim Awad Khalifa, The Law of International Organizations, Dar Al-Jamiah Al-Jadida, Alexandria, 2011.

Abeer Abdullah Al-Magrahi, The Constitutive Act of the African Union, Master's Thesis, Academy of Graduate Studies, Benghazi Branch, Libya, 2005.

Ezzat Saad El-Sayed, The African Commission on Human and Peoples' Rights, The Egyptian Journal of International Law, Volume 43, 1987

Mohamed El-Majdoub, The International Organization, University House for Printing and Publishing, Beirut, 1st ed., 1998

Mohamed Amin El-Maidani, The European System for the Protection of Human Rights, Dar El-Nashr and El-Tanzie, 1st ed., Amman, Jordan, 1989

Mohamed Khalil El-Mousa, The International Judicial Function, Wael Publishing and Distribution House, Jordan, 1st ed., 2003

Mohamed Khalil El-Mousa, Interpretation of International Human Rights Conventions in Light of the Practice of the Bodies Competent to Oversee Their Implementation, a research paper accepted for publication in the Journal of Law, Kuwait University, 1998

El-Mukhtar Omar Shannan, The Relationship between the United Nations and the Permanent International Criminal Court, Dar El-Nahda El-Arabiya, Cairo, 1st ed., 2006

Misbah Al-Taher Ahmadi, Master's Thesis, "International Judicial Mechanisms for Human Rights in the African Charter and the European Convention on Human Rights," Master's Thesis, submitted to Al-Fateh University, Faculty of Law, 2006-2007.

Moez Al-Sadiq Balhoushat, "Judicial Settlement of Law of the Sea Disputes Under the 1982 United Nations Convention on the Law of the Sea," Master's Thesis, submitted to the Academy of Graduate Studies, Department of Law, 2004.

Mufid Shehab, "International Organizations," Dar Al-Nahda Al-Arabiya, Cairo, 10th ed., 1990.

Nayef Ahmed Dahi Al-Shammari, "The Advisory Jurisdiction of the International Court of Justice," 1st ed., Al-Halabi Legal Publications, Lebanon, 2015.

Third: Websites:

Felix Morka, The African System for the Protection of Human Rights and Economic, Social, and Cultural Rights, with an Internet Theory, accessed on Wednesday, March 29, 2023, at 5:00 PM,

http://wwwl.umn.edu/humanrts/arab/m28-pdf

http://www.icj.cij.org

Published

2025-02-12

Issue

Section

Articles

How to Cite

The origin and development of the advisory function of the International Court of Justice. (2025). AlHaq Journal, 54-66. https://doi.org/10.58916/alhaq.vi.281

Most read articles by the same author(s)

1 2 3 4 5 6 7 8 9 10 > >> 

Similar Articles

1-10 of 96

You may also start an advanced similarity search for this article.