Effectiveness of the International Court of Justice (ICJ) in Enforcing Compliance
Keywords:
International Court of Justice (ICJ); compliance; international adjudication; enforcement deficit; Article 94 UN Charter; Security Council; international law; state behavior; legitimacy; international dispute settlement; constructivism; sovereignty; judicial effectivenessAbstract
The International Court of Justice (International Court), also known as the International Court, is in the middle of the international legal system and is the main court to settle conflicts among the states. Though it is formally binding under terms of Article 94 of the United Nations Charter, the Court has no autonomous enforcement capability, given rise to the recurrent concerns about the effectiveness of its efforts towards assuring compliance by the states. This article critically addresses the enforcement shortfalls in the design of the ICJ, and what proportion of the actions are taken by force and what proportion is done by law, political or normative means.
The study is a clear illustration of the structural decentralization of the international system of enforcement which is present in this system and where the ICJ is located namely in political level institutions, especially the UN Security Council. But, in practice, the enforcement of Article 94(2) is not especially effective because of the difficulties raised by geopolitical issues and the vetoes proportion of the Council. Key historical case law, such as and related to territorial sovereignty, use of force and diplomatic protection is subject to empirical examination, which highlights a selection and politicization of compliance.
The article also explores the two main theoretical frameworks of compliance, managerial theory and legitimacy theory as well as constructivist norm diffusion and realist criticisms of these compliance concepts. It claims that the concrete ability to coerce is not the appropriate benchmark for effectiveness of the ICJ, but rather that the ICJ must be evaluated in terms of its influence on patterns of state behavior through the application of its norms, the threat of the tide of disrespect and its institutionalization in the United Nations system. In the end, the ICJ is thought of as a persuasive body which is aimed at inducing compliance and does not rely on direct enforcement.
