Title | World Court Enhancements to Advance the Rule of Law |
Publication Type | Monographs |
Year of Publication | 1994 |
Authors | MacPherson BF |
Abstract | This monograph suggests various methods to improve the effectiveness of the Court, including greater use of chambers, advisory opinions, and acceptance of the Court's jurisdiction over limited subject areas -- 78 pages. |
Full Text | Excerpts from Mr. MacPherson's Conclusions: States should signify their commitment by (1) including compromissory clauses in treaties (2) entering into a general dispute resolution convention that provides for ICJ resolution, and (3) accepting the Court's general jurisdiction under the optional clause. The US should exercise leadership in this regard. It should, for example, emphasize its commitment to the rule of law by filing a new declaration under the optional clause that does not contain such debilitating reservations as the Connally reservation. Most importantly, where jurisdiction does exist, the US should refer suitable disputes to the Court for resolution on a regular basis.
(Excerpts taken from page 77 of Monograph 13) |