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Abstract for Public International Law

THE EFFECT OF THE ADVISORY OPINION OF THE ICJ IN THE


EFFECT OF AWARDS OF THE
ADMINISTRATIVE TRIBUNALS OF THE UNITED NATIONS

An abstract by Anwesh Panda 215059

The caseload of the International Court of Justice has been significant since the Courts foundation
almost fifty years ago, and has increased considerably in recent times. However, when assessing
the Courts contribution to the development of international Law one should look beyond its
caseload of interstate disputes. Through its advisory Activity, based on Article 65 of the ICJ statue
and Article 96 of the United Nations Charter, the court has played a very important role in
enhancing the significance of law not only in relations between States, but also in relations between
international organizations. Through its advisory opinions, the court has developed and
strengthened concepts governing the functioning of international organizations, sanctioned the
expansion of scope and objectives of these organizations, and confirmed their important position
in international law
This paper will explore the origins of the courts unusual system of review and underscore
some of its problems. Surprisingly, this issue has not been adequately expounded although
occasionally different authors have discussed particular problems, such as the participation of
individuals in proceedings before the court.
An overview of the nation of administrative Tribunals and their position in the structure of
international organizations will precede the analysis of the procedural aspects of the Courts
activity as an appeals tribunal. This background is important because of the ICJs significant
contribution to the evolution of administrative tribunals. one can risk a hypothesis that the court
has become a prisoner of its own pronouncements; by supporting certain characteristics of
administrative tribunals in its opinions given in the 1950s, it has prejudged its own powers with
regard to these organs and has exercised these powers in the 1970s and 1980s.

Accordingly, this paper is divided into two major parts. The first deals with the nature and
functions of the administrative tribunals as viewed by the ICJ. The second discusses selected
problems connected with the ole of the court as a reviewing body judgments of administrative
tribunals.