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- Title
AUSTRALIAN ENCOUNTERS WITH THE ADVISORY JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE.
- Authors
CHARLESWORTH, HILARY; YOUNG, MARGARET A.
- Abstract
States encounter the International Court of Justice ('ICJ') through its advisory jurisdiction, in ways that are often less visible than encounters with the Court's contentious jurisdiction. This article surveys Australian practice on advisory opinion requests to the ICJ, drawing on archival material where available, identifying eras of caution, ambivalence and reticence. It describes Australia's interest in, and resort to, the advisory jurisdiction in the first two decades of the ICJ's experience and contrasts Australia's later practice of challenging jurisdiction and encouraging the Court to exercise its discretion to reject requests for advisory opinions. Australia participated in early cases that dealt with the interpretation of Charter of the United Nations provisions, drawing on its involvement in the drafting of the Charter. It has long been wary, however, of advisory opinions on matters that raise broader and contentious issues of substance in international law. While the ICJ operates with a strong presumption of jurisdiction over advisory requests, Australia has argued for a narrower approach, so far unsuccessfully. We suggest that Australia's position is ripe for reconsideration.
- Subjects
AUSTRALIA; INTERNATIONAL Court of Justice; JURISDICTION; ADVISORY boards; CHARTERS
- Publication
Melbourne Journal of International Law, 2021, Vol 21, Issue 3, p698
- ISSN
1444-8602
- Publication type
Article