Advisory Opinion of ICJ – an Alternative Dispute Settlement Mechanism under International Law

Abstract

Alternative but efficient dispute settlement mechanism is conventional under the International Law. International Court of Justice, International Tribunal of the Law of the Sea, Permanent Court of Arbitration and other Arbitration tribunals are the most prominent institutions that facilitate dispute settlement in international law by providing for an inclusive alternative mechanism. ICJ has Advisory jurisdiction over questions submitted to the court under Article 65 of the ICJ Statue. It states that the court may give an advisory opinion on any legal question at the request of body authorized by or in accordance with the Charter of the United Nations. 

Alternative dispute resolution [ADR] mechanism is supported because it is cost effective, efficient and efficacious. The foundation of ADR is consensus of the parties to the procedure and outcome of the dispute settlement. Under International law, where lack of implementation always challenges the reality of international law, advisory jurisdiction of international courts ipso facto represent the reality of international law and dispute settlement of International law.

This research paper aims at addressing the following questions-

[1] Whether advisory opinion is an alternative dispute resolution mechanism?

[2] Which international courts and tribunals have advisory opinion jurisdiction? What is the nature and scope of this jurisdiction in each court respectively?

[3] What is the scope of advisory jurisdiction of ICJ?

[4] What has been the role of ICJ in advisory opinions pronounced by it?

[5] What role can the advisory jurisdiction of ICJ play in resolving dispute that may arise in the future?