Chapter Three. The Permanent Court of International Justice and the International Court of Justice: Advisory jurisdiction

Abstract

The idea of a judicial body having advisory jurisdiction is not known to all national systems of law. In general, the Permanent Court of International Justice (PCIJ) and International Court of Justice (ICJ) have evolved an extensive jurisprudence on their advisory jurisdiction under their Statutes. Article 96(2) of the UN Charter which authorizes the requesting of opinions from the ICJ by international organizations refers to matters arising within the scope of their activities as being the subject of such requests. An important feature of the Courts approach to the principle that the judicial character of its functions should not be jeopardized is that it also recognizes another principle which is relevant and protects a different interest, namely the interests of the organization concerned, generally the UN. Finally, in the Judgment No. 333 Opinion, the Court again took up the question of the propriety of giving an opinion.Keywords: advisory jurisdiction; International Court of Justice (ICJ); judicial character; organizations activities; Permanent Court of International Justice (PCIJ)