Tracing the Foundation of State’s Liability to abide by the Decisions of International Court of Justice in the International Legal Frame Work

Syeda Tooba Akhtar

Abstract


International Court of Justice (hereinafter referred to “ICJ”) is the principal judicial organ of United Nations Organization (hereinafter referred to as “UNO”). The role of ICJ is crucial to mission of UNO to maintain international peace and harmony. ICJ works as international platform for the agreeable resolution of legal disputes between the states. However, the well established fact of non-compliance with the decisions of ICJ is destructive to its integrity and the core cause of UNO as well. The defying states advance multiple pleas to support their stand of non-compliance. One the most presented plea is that the states being the sovereign international entity are not bound by the decisions of ICJ, an external international forum. This paper reviews the fundamental principles of International Law and the relevant treaties to analyse the said argument. Article 94 of the UN Charter and the principle of pacta sunt servanda servanda is crucial.  By reviewing the international legal documents and the norms it establishes that states are obliged to abide by the decisions of ICJ.


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