Honestly, what an amazing, well-researched and well written article!
I have a background in Public International Law (having both a Bachelor and Master covering different fields of International Law) and the way you wrote about the ICJ’s jurisdiction perfectly encapsulates my qualms about the Public International legal framework!! As you correctly point out, the ICJ only has the power to affirm treaty breaches and recommend action, and due to the consent-based system of International Law, it’s up to the States to actually do something about it. I personally find it incredibly frustrating because it shows us that even though we have international judicial bodies to monitor State behaviour there is no concrete mechanism for actually holding States accountable to their treaty obligations.
What’s even more, what is truly exciting for us interested in the legal field is the precedent the Advisory Opinion sets for statehood, self-determination and independence. In the past, the ICJ only had one chance to comment on the issue: Kosovo’s declaration of independence in 2008. However, back then the ICJ neither supported nor prohibited this declaration and left the question of self-determination and independence open. So, although it’s not enough to make for the atrocities that have already occurred it is incredibly exciting to see the ICJ confirm Palestine’s right to self-determination and independence. I can already see Public International Law Professors everywhere scrambling to update their course syllabi to incorporate this monumental decision.
But that’s just my two cents as a bit of a Public International Law nerd 😅
Truly, a wonderful article. Can’t wait to read more from you!
Thank you so much for your comment and a bit more background on this, it’s nice to know that I researched this well from someone studying formally in the field❤️
Honestly, what an amazing, well-researched and well written article!
I have a background in Public International Law (having both a Bachelor and Master covering different fields of International Law) and the way you wrote about the ICJ’s jurisdiction perfectly encapsulates my qualms about the Public International legal framework!! As you correctly point out, the ICJ only has the power to affirm treaty breaches and recommend action, and due to the consent-based system of International Law, it’s up to the States to actually do something about it. I personally find it incredibly frustrating because it shows us that even though we have international judicial bodies to monitor State behaviour there is no concrete mechanism for actually holding States accountable to their treaty obligations.
What’s even more, what is truly exciting for us interested in the legal field is the precedent the Advisory Opinion sets for statehood, self-determination and independence. In the past, the ICJ only had one chance to comment on the issue: Kosovo’s declaration of independence in 2008. However, back then the ICJ neither supported nor prohibited this declaration and left the question of self-determination and independence open. So, although it’s not enough to make for the atrocities that have already occurred it is incredibly exciting to see the ICJ confirm Palestine’s right to self-determination and independence. I can already see Public International Law Professors everywhere scrambling to update their course syllabi to incorporate this monumental decision.
But that’s just my two cents as a bit of a Public International Law nerd 😅
Truly, a wonderful article. Can’t wait to read more from you!
Thank you so much for your comment and a bit more background on this, it’s nice to know that I researched this well from someone studying formally in the field❤️