Abstract
This article demonstrates that the cases decided by the ICJ and the arbitration tribunals are judge made law and are not derived from the rules of customary law. Judge made law, as enunciated by the ICJ and the arbitration tribunals are very general and imprecise. The decisions made by the ICJ and the arbitration tribunals beget unpredictability or unexpected results. Normally, state parties are not happy with the decision made by the ICJ and the arbitration tribunals and the discontented states are unable to take any actions as state parties need to comply with the decision of the ICJ. In this Article, two (2) cases, one in South America and the other one in Africa, were discussed in detail. The outcome of these two (2) cases is not palatable to some state parties. Since the decisions are not predictable and the outcome is not palatable to some state parties, this Article looks at possible solutions which are being offered in International Islamic Law (Siyar). Keywords: Islamic International Law (Siyar), International Court of Justice (ICJ), Judge Made Law, Maritime Boundary Delimitations, Unpredictable Results, The Principle of Joint Administration, The Principle of Joint Development.
Highlights
The decisions made by the INTERNATIONAL COURT OF JUSTICE (ICJ) and the arbitration tribunals have significant influence on how boundary settlements or agreements have been concluded
If we refer to the cases passed down by the ICJ, we find that there is a degree of consistency in the case law where the ICJ maintains a wide discretion in applying or adopting relevant circumstances which it selects and what relative importance is awarded to each of them in a given case
The alternative solution provided by the International Islamic Law (Siyar) would bring peace and stability
Summary
The decisions made by the ICJ and the arbitration tribunals have significant influence on how boundary settlements or agreements have been concluded. The ICJ and the arbitration tribunals have substantial influence over maritime boundary delimitation law. The main source of maritime boundary delimitation law is customary international law coupled with state practice and any existing boundary agreements. The tribunals or the ICJ would determine the states’ obligations in this arena of international law and at the same time, the awards or judgments granted by the tribunals or the ICJ would determine the international political and economic scenarios
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
