The role of the International Court of Justice as the principal judicial organ of the United Nations.

Mohamed, Mohamed Sameh Ahmed (1997) The role of the International Court of Justice as the principal judicial organ of the United Nations. PhD thesis, London School of Economics and Political Science.

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Abstract

The study attempts to provide a comprehensive analysis of the role of the International Court of Justice (ICJ) as the principal judicial organ of the United Nations (UN). It considers the contributions of the ICJ towards the UN system and concludes that, although the ICJ's contribution has been significant, many practical and theoretical issues regarding its role remain unsettled. The study proceeds as follows. The first chapter sets out the history of international adjudication and the relationship between international adjudicatory mechanisms and political international organisations. It also includes a review of the legal basis and extent of the relationship between the ICJ and the UN. The second and third chapters aim to throw light upon the advisory role of the ICJ and the manner in which the Court, through this jurisdiction, plays a role in interpreting and developing the institutional law of the UN. The fourth chapter addresses the Court's role in facilitating the realisation of the purposes and principles of the UN through its contentious jurisdiction. This chapter discusses the basis of the contentious jurisdiction of the Court, then examines the practice of the Court in achieving these purposes and principles. The fifth chapter examines the role of the ICJ as a "constitutional court" in the UN framework and its competence to review the legality of acts of the UN organs. The sixth chapter evaluates the Court's role as a court of appeal in respect of the judgments of administrative tribunals established within the framework of the UN and its specialised agencies, particularly in the light of General Assembly Resolution 50/54 (1995). By way of conclusion, the Court's role within the UN system is evaluated and a number of recommendations are made with a view to enhancing the role of the Court to enable it to address new challenges.

Item Type:	Thesis (PhD)
Uncontrolled Keywords:	Law, Political Science, International Law and Relations
Sets:	Collections > ProQuest Etheses Departments > Law
URI:	http://etheses.lse.ac.uk/id/eprint/2566

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