The Advisory Function of the International Court of Justice 1946 - 2005

The book provides a comprehensive analysis of the advisory role of the International Court of Justice in light of its jurisprudence and overall contribution over a period of more than 55 years. The author highlights the "organic connection" between UN organs and the Court and the Court s contribution as one of the UN s principal organs to the Organisation. The basic argument of this study is that the advisory function should be understood as a two-sided process involving the interplay between UN organs and the ICJ. The request for and the giving of an advisory opinion is a collective coordinated process, involving more than one organ or part of the Organisation. The author concludes that the Court s role as a participant in the UN s work is circumscribed by its duty to act judicially. In practice, the Court has succeeded in establishing a balance between its role as a principal organ of the UN and its position as a judicial institution with a duty to administer justice impartially.

I am pleased to write these words by way of a foreword to Dr. Mahasen Alj- houb's book The Advisory Function of the International Court of Justice. I do so with a sense of pride in the achievement of a fellow countrywoman and, me- phorically speaking, a sister in law. My pride is coupled with hope and a nascent optimism that she and a group of young Jordanian academics, mostly recent graduates of universities in the United Kingdom will contribute further and significantly to the teaching and d- semination of international law in Jordan and, if I do not strain hope by hoping too much, in a region in which, notwithstanding its past glory, the culture of law has for too long been superceded by the logic of power politics and unbridled raison d'état. My only hesitation in writing this foreword is that a particularly heavy Court schedule has permitted me only a chance at a perusal of the contents of the book. A perusal which, whilst more than casual, falls short of the serious study that it deserves. Yet, I can unhesitatingly concur with the verdict of the internal and - ternal examiners who praised Dr. Aljaghoub's thesis (as it then was) for its th- oughness, detail and authoritativeness on this important area of international law.

Contenu
The Advisory Function of the International Court of Justice in an Historical Context.- The Advisory Jurisdiction of the ICJ: Compilance with Requests and the Court's Discretion in Giving Advisory Opinions.- The Role of the ICJ as the Principal Judicial Organ of the UN and the Implications of This Role for the Court's Advisory Function.- The Judicial Character of the ICJ's Advisory Function and the Problem of Consent.- Procedural Aspects of the Advisory Function of the ICJ.- The Contribution of Advisory Opinions to the Development of the Law of International Institutions and to Public International Law.- The Attitude of United Nations Member States Toward the Use of the Advisory Procedure.- The Reception of Advisory Opinions.- The Advisory Function of the ICJ: Concerns, Limitations and Future Role.