The International Court of Justice, Back to the Future: Keeping the Dream Alive

• Autores: Karel Wellens
• Localización: Netherlands international law review, ISSN 0165-070X, Vol. 64, Nº. 2, 2017, págs. 193-212
• Idioma: inglés
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• Resumen

  • Profound and irreversible changes have taken place in three interconnected areas: the legal landscape, the judicial landscape and the judicial functions. In order to meet the challenges flowing from these changes the Court has to restore the balance between its institutional and systemic role. In the process of doing so the Court has to relax its policy of judicial economy and to adopt a more pro-active judicial policy. Furthermore, the Court has to improve the quality of its reasoning and to take further steps towards the completion of an autonomous regime for provisional measures. Time has also come to reconsider the political and judicial monitoring of the implementation of judgments and to explore some ideas for an accountability regime for the Court itself.