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II The Jurisdiction and Powers of the Court, 6 Jurisdiction in Advisory Proceedings

From: The International Court of Justice

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 25 January 2021

Advisory opinions

This chapter examines the Court’s jurisdiction in advisory proceedings. After a brief historical background, the chapter shows how jurisdictional issues in the context of requests for advisory opinion differ from those arising in contentious cases discussed in the previous two chapters. Hence, the chapter examines the right to request and opinion and the limits thereof. The power to request advisory opinions from the Court has from the outset been reserved for international bodies: in relation to the Permanent Court of International Justice (PCIJ), for the Council of the League and the Assembly, and in the post-war era primarily for the United Nations Security Council and General Assembly. The chapter also looks into the nature of the ‘legal question’ in advisory procedures, and presents the Court’s discretion to decline to give an advisory opinion.

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