Wednesday, June 2, 2021

Chehtman: The Use of Force at the International Court of Justice

Alejandro Chehtman (Universidad Torcuato Di Tella - Law) has posted The Use of Force at the International Court of Justice (in The Cambridge Companion to the International Court of Justice, forthcoming). Here's the abstract:
This chapter presents a succinct overview of the main contributions of the International Court of Justice (ICJ) to the use of force. It centrally addresses the opinions on the Court on a number of key issues, such as the prohibition to use force and its potential exceptions, most notably the law on individual and collective self-defence. It further presents some descriptive statistics about how the Court has decided cases in this area, it seeks to identify the main conceptualizations, inconsistencies, disagreements, and limitations of the Court’s opinions, as well as their evolution. It ultimately argues that although the initial influence of the Court was substantial, it has faded significantly over the years as a result of what seems a conscious, even strategic decision of its judges.