Challenging the jurisdictional consent-requirement of the International Court of Justice

Abstract

The sustainability of peaceful international relations is founded on the efficacy of international dispute resolution mechanisms. There is a myriad of actions which facilitate the resolution of conflict among states including inter alia political solutions through diplomacy, economic leverage through sanctions or reparations, or legal recourse in the form of judicial proceedings. Over the years, these solutions have proven complementary and not mutually exclusive of one another. This thesis, though, pays critical attention to the legal mechanisms of dispute resolution. It makes inquiries into the utility of jurisdictional consent-requirement of the International Court of Justice (ICJ) and the protection of principles of state sovereignty, sovereign equality and international justice.

Overall Objective: To inquire into the utility of the jurisdictional consent-requirement of the ICJ.

Specific Objectives: The thesis is specifically guided by the following objectives; a) To examine the background of state consent in Public International law. b) To describe the consent-requirement in international dispute resolution mechanisms. c) To inquire into the propriety of the jurisdictional consent-requirement of the ICJ. d) To explore mechanisms for reform of the jurisdictional framework of the ICJ.