Hugh Thirlway: The International Court of Justice.

• Author: Tully, Stephen
• Position: Book review

Hugh Thirlway

The International Court of Justice

(Oxford University Press, 2016) ISBN 978-0-19-877908-7,223 pages.

The International Court of Justice (the Court or ICJ) "is not perfect, either in conception or in operation, but it achieves a great deal in the maintenance of legal stability and international peace, and in the development of international law, and fully deserves the respect it has gained" (p 206). That is the principal conclusion drawn by Hugh Thirlway, who was the Courts Principal Legal Secretary on two occasions, has since held numerous academic positons (including Professor of International Law at the Graduate Institute of International Studies) and has written extensively on this topic.

As stated in the Preface, the purpose of this brief volume is "to give as full a picture of the International Court of Justice--its composition, how it works, and what it is achieving--as is possible within the compass of a single volume of moderate length. It is intended that it should be feasible for it to be read as a whole (though perhaps not in one sitting !), rather than being more suited to consultation".

Part I of the text describes the ICJ's position in the United Nations, its composition and the role of the registry. Following a very brief introduction to the sources of international law, Part II explains how jurisdiction is established in contentious cases and advisory proceedings. A range of procedural matters arising during contentious and advisory proceedings are then considered in Parts III and IV. Part V describes judgments, advisory opinions and separate and dissenting opinions. Incidental proceedings--provisional measures, preliminary objections and third party intervention--are outlined in Part VI. The text finishes with a discussion of the interpretation and revision of judgments (Part VII) as well as concluding reflections on the Court's future (Part VIII).

Of especial interest is the author's assessment of the Court after 70 years of operation. The Court "is making an important and valuable contribution to the settlement of international disputes" (p 199). It is not "failing the expectations of the generality of States, either as regards the actual settlement of disputes or as to contributing to development of the law" (p 202). Each decision adds to the general corpus of international law. Other commentators, however, have been less sanguine, consistently urging reform if the Court is to maintain its position and...