Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/3630
Title: A Reference to the ICJ for an Advisory Opinion over COVID-19 Pandemic
Authors: De Herdt, Sandrine
Keywords: Coronavirus
COVID-19
ICJ
ICJ Statute- Article 65
International Court of Justice
Issue Date: 20-May-2020
Publisher: EJIL: Talk, Blog of the European Journal of International Law
Citation: De Herdt, S. (May 20, 2020) A Reference to the ICJ for an Advisory Opinion over COVID-19 Pandemic. EJIL: Talk, Blog of the European Journal of International Law
Abstract: Much has been said about the ICJ’s contentious jurisdiction in the context of the COVID-19 pandemic, stressing in this respect the problem of the State’s acceptance of jurisdiction and establishing the existence of a dispute. However, while the focus has been on the Court’s contentious proceedings, advisory jurisdiction has taken an unfortunate backseat. Under Article 65 of the ICJ Statute, the ICJ may give an advisory opinion, the purpose of which is to “offer legal advice to the organs and institutions requesting the opinion.” This post first considers whether the Court would have advisory jurisdiction and, if so, whether there is any reason why it should exercise its discretion not to give an advisory opinion.
URI: https://www.ejiltalk.org/a-reference-to-the-icj-for-an-advisory-opinion-over-covid-19-pandemic/
http://hdl.handle.net/10739/3630
Appears in Collections:JGU Publications: Popular Articles, Literary items, Opinions, Reviews etc.

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