International Court of Justice The Court The International Court of Justice (ICJ) is the principal judicial organ of the

United Nations (UN). It was established in June 19 ! b" the Charter of the United Nations and began wor# in $pril 19 %. The seat of the Court is at the &eace &alace in The 'ague (Netherlands). (f the si) principal organs of the United Nations* it is the onl" one not located in New +or# (United ,tates of $-erica). The Court.s role is to settle* in accordance with international law* legal disputes sub-itted to it b" ,tates and to gi/e ad/isor" opinions on legal 0uestions referred to it b" authori1ed United Nations organs and speciali1ed agencies. Members of the Court The International Court of Justice is co-posed of 1! judges elected to nine2"ear ter-s of office b" the United Nations 3eneral $sse-bl" and the ,ecurit" Council. These organs /ote si-ultaneousl" but separatel". In order to be elected* a candidate -ust recei/e an absolute -ajorit" of the /otes in both bodies. This so-eti-es -a#es it necessar" for a nu-ber of rounds of /oting to be carried out. In order to ensure a -easure of continuit"* one third of the Court is elected e/er" three "ears. Judges are eligible for re2 election. ,hould a judge die or resign during his or her ter- of office* a special election is held as soon as possible to choose a judge to fill the une)pired part of the ter-. 4lections are held in New +or# (United ,tates of $-erica) on the occasion of the annual autu-n session of the 3eneral $sse-bl". The judges elected at a triennial election enter upon their ter- of office on % 5ebruar" of the following "ear* after which the Court proceeds to elect b" secret ballot a &resident and a 6ice2&resident to hold office for three "ears. $ll ,tates parties to the ,tatute of the Court ha/e the right to propose candidates. These proposals are -ade not b" the go/ern-ent of the ,tate concerned* but b" a group consisting of the -e-bers of the &er-anent Court of $rbitration (see 'istor") designated b" that ,tate* i.e. b" the four jurists who can be called upon to ser/e as -e-bers of an arbitral tribunal under the 'ague Con/entions of 1799 and 1989. In the case of countries not represented on the &er-anent Court of $rbitration* no-inations are -ade b" a group constituted in the sa-e wa". 4ach group can propose up to four candidates* not -ore than two of who- -a" be of its own nationalit"* whilst the others -a" be fro- an" countr" whatsoe/er* whether a part" to the ,tatute or not and whether or not it has declared that it accepts the co-pulsor" jurisdiction of the ICJ. The na-es of candidates -ust be co--unicated to the ,ecretar"23eneral of the United Nations within a ti-e2li-it laid down b" hi-:her. Judges -ust be elected fro- a-ong persons of high -oral character* who possess the 0ualifications re0uired in their respecti/e countries for appoint-ent to the highest judicial offices* or are jurisconsults of recogni1ed co-petence in international law. The Court -a" not include -ore than one national of the sa-e ,tate. ;oreo/er* the Court as a whole -ust represent the -ain for-s of ci/ili1ation and the principal legal s"ste-s of the world. In practice this principle has found e)pression in the distribution of -e-bership of the Court a-ong the principal regions of the globe. Toda" this distribution is as follows< $frica =* >atin $-erica and the Caribbean ?* $sia =* @estern 4urope and other ,tates !* 4astern 4urope ?* which corresponds to that of -e-bership of the ,ecurit" Council. $lthough there is no entitle-ent to -e-bership on the part of an" countr"* the Court has alwa"s included judges of the nationalit" of the per-anent -e-bers of the ,ecurit" Council. (nce elected* a ;e-ber of the Court is a delegate neither of the go/ern-ent of his own countr" nor of that of an" other ,tate. Unli#e -ost other organs of international organi1ations* the Court is not co-posed of representati/es of go/ern-ents. ;e-bers of the Court are independent judges whose first tas#* before ta#ing up their duties* is to -a#e a sole-n declaration in open court that the" will e)ercise their powers i-partiall" and conscientiousl".

In order to guarantee his or her independence* no ;e-ber of the Court can be dis-issed unless* in the unani-ous opinion of the other ;e-bers* he:she no longer fulfils the re0uired conditions. This has in fact ne/er happened. No ;e-ber of the Court -a" engage in an" other occupation during his:her ter-. 'e:she is not allowed to e)ercise an" political or ad-inistrati/e function* nor to act as agent* counsel or ad/ocate in an" case. $n" doubts with regard to this 0uestion are settled b" decision of the Court. $ ;e-ber of the Court* when engaged on the business of the Court* enjo"s pri/ileges and i--unities co-parable with those of the head of a diplo-atic -ission. In The 'ague* the &resident ta#es precedence o/er the do"en of the diplo-atic corps* after which precedence alternates between judges and a-bassadors. 4ach ;e-ber of the Court recei/es an annual salar" consisting of a base salar" (which for ?818 a-ounts to U,A1%%*!9%) and post adjust-ent* with a special supple-entar" allowance of U,A1!*888 for the &resident. The post adjust-ent -ultiplier changes e/er" -onth and is dependent on the UN e)change rate between the U, Bollar and the 4uro. (n lea/ing the Court* the" recei/e annual pensions which* after a nine2"ear ter- of office* a-ount to !8 per cent of the annual base salar". $lthough the Court is dee-ed to be per-anentl" in session* onl" its &resident is obliged to reside in The 'ague. 'owe/er* the other ;e-bers of the Court are re0uired to be per-anentl" at its disposal e)cept during judicial /acations or lea/e of absence* or when the" are pre/ented fro- attending b" illness or other serious reasons. In practice* the -ajorit" of Court ;e-bers reside in The 'ague and all will nor-all" spend the greater part of the "ear there How the Court works Contentious cases Advisory proceedings The Court -a" entertain two t"pes of cases< legal disputes between ,tates sub-itted to it b" the- (contentious cases) and re0uests for ad/isor" opinions on legal 0uestions referred to it b" United Nations organs and speciali1ed agencies (ad/isor" proceedings). Contentious cases (nl" ,tates (,tates ;e-bers of the United Nations and other ,tates which ha/e beco-e parties to the ,tatute of the Court or which ha/e accepted its jurisdiction under certain conditions) -a" be parties to contentious cases. The Court is co-petent to entertain a dispute onl" if the ,tates concerned ha/e accepted its jurisdiction in one or -ore of the following wa"s< b" entering into a special agree-ent to sub-it the dispute to the CourtC b" /irtue of a jurisdictional clause* i.e.* t"picall"* when the" are parties to a treat" containing a pro/ision whereb"* in the e/ent of a dispute of a gi/en t"pe or disagree-ent o/er the interpretation or application of the treat"* one of the-a" refer the dispute to the CourtC through the reciprocal effect of declarations -ade b" the- under the ,tatute whereb" each has accepted the jurisdiction of the Court as co-pulsor" in the e/ent of a dispute with another ,tate ha/ing -ade a si-ilar declaration. $ nu-ber of these declarations* which -ust be deposited with the United Nations ,ecretar"23eneral* contain reser/ations e)cluding certain categories of dispute. ,tates ha/e no per-anent representati/es accredited to the Court. The" nor-all" co--unicate with the Degistrar through the -ediu- of their ;inister for 5oreign $ffairs or their a-bassador accredited to the Netherlands. @here the" are parties to a case before the Court the" are represented b" an agent. $n agent pla"s the sa-e role* and has the sa-e rights and obligations* as a solicitor or a/ouE with respect to a national court. Fut we are dealing here with international relations* and the agent is also as it were the head of a special diplo-atic -ission with powers to co--it a so/ereign ,tate. 'e:she recei/es co--unications fro- the Degistrar concerning the case and forwards to the Degistrar all correspondence and pleadings dul" signed or certified. In public hearings the agent opens the argu-ent on behalf of the

go/ern-ent he:she represents and lodges the sub-issions. In general* whene/er a for-al act is to be done b" the go/ern-ent represented* it is done b" the agent. $gents are so-eti-es assisted b" co2agents* deput" agents or assistant agents and alwa"s ha/e counsel or ad/ocates* whose wor# the" co2ordinate* to assist the- in the preparation of the pleadings and the deli/er" of oral argu-ent. ,ince there is no special International Court of Justice Far* there are no conditions that ha/e to be fulfilled for counsel or ad/ocates to enjo" the right of arguing before it e)cept onl" that the" -ust ha/e been appointed b" a go/ern-ent to do so.

&roceedings -a" be instituted in one of two wa"s< through the notification of a special agree-ent< this docu-ent* which is of a bilateral nature* can be lodged with the Court b" either of the ,tates parties to the proceedings or b" both of the-. $ special agree-ent -ust indicate the subject of the dispute and the parties thereto. ,ince there is neither an GapplicantH ,tate nor a GrespondentH ,tate* in the Court.s publications their na-es are separated b" an obli0ue stro#e at the end of the official title of the case* e.g.* Fenin:NigerC b" -eans of an application< the application* which is of a unilateral nature* is sub-itted b" an applicant ,tate against a respondent ,tate. It is intended for co--unication to the latter ,tate and the Dules of Court contain stricter re0uire-ents with respect to its content. In addition to the na-e of the part" against which the clai- is brought and the subject of the dispute* the applicant ,tate -ust* as far as possible* indicate briefl" on what basis 2 a treat" or a declaration of acceptance of co-pulsor" jurisdiction 2 it clai-s the Court has jurisdiction* and -ust succinctl" state the facts and grounds on which it bases its clai-. $t the end of the official title of the case the na-es of the two parties are separated b" the abbre/iation G/.H (for the >atin /ersus)* e.g.* Nicaragua /. Colo-bia. The date of the institution of proceedings* which is that of the receipt b" the Degistrar of the special agree-ent or application* -ar#s the opening of proceedings before the Court. C ontentious proceedings include a written phase* in which the parties file and e)change pleadings containing a detailed state-ent of the points of fact and of law on which each part" relies* and an oral phase consisting of public hearings at which agents and counsel address the Court. $s the Court has two official languages (4nglish and 5rench)* e/er"thing written or said in one language is translated into the other. The written pleadings are not -ade a/ailable to the press and public until the opening of the oral proceedings* and then onl" if the parties ha/e no objection. $fter the oral proceedings the Court deliberates in ca-era and then deli/ers its judg-ent at a public sitting. The judg-ent is final* binding on the parties to a case and without appeal (at -ost it -a" be subject to interpretation or re/ision). $n" judge wishing to do so -a" append an opinion to the judg-ent. F" signing the Charter* a ,tate ;e-ber of the United Nations underta#es to co-pl" with an" decision of the Court in a case to which it is a part". ,ince* further-ore* a case can onl" be sub-itted to the Court and decided b" it if the parties ha/e in one wa" or another consented to its jurisdiction o/er the case* it is rare for a decision not to be i-ple-ented. $ ,tate which contends that the other side has failed to perfor- the obligations incu-bent upon it under a judg-ent rendered b" the Court -a" la" the -atter before the ,ecurit" Council* which is e-powered to reco--end or decide upon the -easures to be ta#en to gi/e effect to the judg-ent. The procedure described abo/e is the nor-al procedure. Certain -atters can howe/er affect the proceedings. The -ost co--on case is that of preli-inar" objections raised in order to pre/ent the Court fro- deli/ering judg-ent on the -erits of the case (the respondent ,tate -a" contend* for e)a-ple* that the Court lac#s jurisdiction or that the application is inad-issible). The -atter is one for the Court itself to decide. Then* there are pro/isional -easures* which can be re0uested as interi- -easures b" the applicant ,tate if the latter considers that the rights which for- the subject of its application are in i--ediate danger. It -a" further occur that a ,tate see#s to inter/ene in a dispute in/ol/ing other ,tates because it considers that it has an interest of a legal nature which -a" be affected b" the decision to be ta#en in the dispute between those ,tates. The ,tatute also -a#es pro/ision for cases where the respondent ,tate does not appear before the Court* either because it totall" rejects the Court.s jurisdiction or for an" other reason. 'ence failure b" one part" to appear does not pre/ent proceedings in a case fro- ta#ing their course. Fut in such a case the Court -ust first satisf" itself that it has jurisdiction. 5inall"* should the Court find that parties to separate proceedings

are sub-itting the sa-e argu-ents and sub-issions against a co--on opponent in relation to the sa-e issue* it -a" order joinder of the proceedings. The Court discharges its duties as a full court but* at the re0uest of the parties* it -a" also establish ad hoc cha-bers to e)a-ine specific cases. $ Cha-ber of ,u--ar" &rocedure is elected e/er" "ear b" the Court in accordance with its ,tatute. The sources of law that the Court -ust appl" are< international treaties and con/entions in forceC international custo-C the general principles of lawC and judicial decisions and the teachings of the -ost highl" 0ualified publicists. ;oreo/er* if the parties agree* the Court can decide a case e) ae0uo et bono* i.e.* without li-iting itself to e)isting rules of international law. $ case -a" be brought to a conclusion at an" stage of the proceedings b" a settle-ent between the parties or b" discontinuance. In the latter case* an applicant ,tate -a" at an" ti-e infor- the Court that it is not going on with the proceedings* or the two parties -a" declare that the" ha/e agreed to withdraw the case. The Court then re-o/es the case fro- its >ist.

$d/isor" proceedings $d/isor" proceedings before the Court are open solel" to fi/e organs of the United Nations and to 1% speciali1ed agencies of the United Nations fa-il". The United Nations 3eneral $sse-bl" and ,ecurit" Council -a" re0uest ad/isor" opinions on Gan" legal 0uestionH. (ther United Nations organs and speciali1ed agencies which ha/e been authori1ed to see# ad/isor" opinions can onl" do so with respect to Glegal 0uestions arising within the scope of their acti/itiesH. @hen it recei/es a re0uest for an ad/isor" opinion* the Court* in order that it -a" gi/e its opinion with full #nowledge of the facts* is e-powered to hold written and oral proceedings* certain aspects of which recall the proceedings in contentious cases. In theor"* the Court -a" do without such proceedings* but it has ne/er dispensed with the- entirel". $ few da"s after the re0uest is filed* the Court draws up a list of those ,tates and international organi1ations that will be able to furnish infor-ation on the 0uestion before the Court. Those ,tates are not in the sa-e position as parties to contentious proceedings< their representati/es before the Court are not #nown as agents and their participation* if an"* in the ad/isor" proceedings does not render the Court.s opinion binding upon the-. In general* the ,tates listed are the ;e-ber ,tates of the organi1ation re0uesting the opinion. $n" ,tate not consulted b" the Court -a" as# to be. It is rare* howe/er* for the ICJ to allow international organi1ations other than the one ha/ing re0uested the opinion to participate in ad/isor" proceedings. @ith respect to non2go/ern-ental international organi1ations* the onl" one e/er authori1ed b" the ICJ to furnish infor-ation did not in the end do so (International ,tatus of ,outh @est $frica). The Court has rejected all such re0uests b" pri/ate parties. The written proceedings are shorter but as fle)ible as in contentious proceedings between ,tates. &articipants -a" file written state-ents* which so-eti-es for- the object of written co--ents b" other participants. The written state-ents and co--ents are regarded as confidential* but are generall" -ade a/ailable to the public at the beginning of the oral proceedings. ,tates are then usuall" in/ited to present oral state-ents at public sittings. $d/isor" proceedings are concluded b" the deli/er" of the ad/isor" opinion at a public sitting. It is of the essence of such opinions that the" are ad/isor"* i.e.* that* unli#e the Court.s judg-ents* the" ha/e no binding effect. The re0uesting organ* agenc" or organi1ation re-ains free to gi/e effect to the opinion b" an" -eans open to it* or not to do so. Certain instru-ents or regulations can* howe/er* pro/ide beforehand that an ad/isor" opinion b" the Court shall ha/e binding force (e.g.* con/entions on the pri/ileges and i--unities of the United Nations). It re-ains ne/ertheless that the authorit" and prestige of the Court attach to its ad/isor" opinions and that where the

organ or agenc" concerned endorses that opinion* that decision is as it were sanctioned b" international law. Jurisdiction The International Court of Justice acts as a world court. The Court has a dual jurisdiction < it decides* in accordance with international law* disputes of a legal nature that are sub-itted to it b" ,tates (jurisdiction in contentious cases)C and it gi/es ad/isor" opinions on legal 0uestions at the re0uest of the organs of the United Nations or speciali1ed agencies authori1ed to -a#e such a re0uest (ad/isor" jurisdiction). Contentious Jurisdiction In the e)ercise of its jurisdiction in contentious cases* the International Court of Justice has to decide* in accordance with international law* disputes of a legal nature that are sub-itted to it b" ,tates. $n international legal dispute can be defined as a disagree-ent on a 0uestion of law or fact* a conflict* a clash of legal /iews or of interests. (nl" ,tates -a" appl" to and appear before the International Court of Justice. International organi1ations* other collecti/ities and pri/ate persons are not entitled to institute proceedings before the Court. $rticle =! of the ,tatute defines the conditions of access for ,tates to the Court. @hile paragraph 1 of that $rticle opens it to the ,tate parties to the ,tatute* paragraph ? is intended to regulate access to the Court b" ,tates which are not parties to the ,tatute. The conditions of access of such ,tates are* subject to the special pro/isions contained in treaties in force at the date of the entr" into force of the ,tatute* to be deter-ined b" the ,ecurit" Council* with the pro/iso that in no case shall such conditions place the parties in a position of ine0ualit" before the Court. The Court can onl" deal with a dispute when the ,tates concerned ha/e recogni1ed its jurisdiction. No ,tate can therefore be a part" to proceedings before the Court unless it has in so-e -anner or other consented thereto. Fasis of the CourtIs Jurisdiction The jurisdiction of the Court in contentious proceedings is based on the consent of the ,tates to which it is open1. The for- in which this consent is e)pressed deter-ines the -anner in which a case -a" be brought before the Court. (a) ,pecial agree-ent $rticle =%* paragraph 1* of the ,tatute pro/ides that the jurisdiction of the Court co-prises all cases which the parties refer to it. ,uch cases nor-all" co-e before the Court b" notification to the Degistr" of an agree-ent #nown as a special agree-ent and concluded b" the parties speciall" for this purpose?. The subject of the dispute and the parties -ust be indicated (,tatute* $rt. 8* para. 1C Dules* $rt. =9). (b) Cases pro/ided for in treaties and con/entions $rticle =%* paragraph 1* of the ,tatute pro/ides also that the jurisdiction of the Court co-prises all -atters speciall" pro/ided for in treaties and con/entions in force. In such cases a -atter is nor-all" brought before the Court b" -eans of a written application instituting proceedings=C this is a unilateral docu-ent which -ust indicate the subject of the dispute and the parties (,tatute* $rt. 8* para. 1) and* as far as possible* specif" the pro/ision on which the applicant founds the jurisdiction of the Court (Dules* $rt. =7). $ list of treaties and con/entions go/erning the jurisdiction of the International Court of Justice in contentious cases is gi/en in the JTreaties and (ther Bocu-entsJ section. To these instru-ents -ust be added other treaties and con/entions concluded earlier and conferring jurisdiction upon the &er-anent Court of International Justice* for $rticle =9 of the ,tatute of the International Court of Justice stipulates that whene/er a treat" or con/ention in force pro/ides for reference of a -atter to a tribunal to ha/e been instituted b" the >eague of Nations* or to the &er-anent Court of International Justice* the -atter shall* as between the parties to the ,tatute* be referred to the International Court of Justice. The &er-anent Court reproduced* in 19=?* in its Collection of Te)ts go/erning the Jurisdiction of the Court (&.C.I.J.* ,eries B* No. %* fourth edition) and subse0uentl" in Chapter K of

its $nnual Deports (&.C.I.J.* ,eries 4* Nos. 721%) the rele/ant pro/isions of the instru-ents go/erning its jurisdiction. F" /irtue of the $rticle referred to abo/e* so-e of these pro/isions now go/ern the jurisdiction of the International Court of Justice.

(c) Co-pulsor" jurisdiction in legal disputes The ,tatute pro/ides that a ,tate -a" recogni1e as co-pulsor"* in relation to an" other ,tate accepting the sa-e obligation* the jurisdiction of the Court in legal disputes. These cases are brought before the Court b" -eans of written applications. The conditions on which such co-pulsor" jurisdiction -a" be recogni1ed are stated in paragraphs ?2! of $rticle =% of the ,tatute* which read as follows< J?. The ,tates parties to the present ,tatute -a" at an" ti-e declare that the" recogni1e as co-pulsor" ipso facto and without special agree-ent* in relation to an" other ,tate accepting the sa-e obligation* the jurisdiction of the Court in all legal disputes concerning< (a) the interpretation of a treat"C (b) an" 0uestion of international lawC (c) the e)istence of an" fact which* if established* would constitute a breach of an international obligationC (d) the nature or e)tent of the reparation to be -ade for the breach of an international obligation. =. The declarations referred to abo/e -a" be -ade unconditionall" or on condition of reciprocit" on the part of se/eral or certain ,tates* or for a certain ti-e. . ,uch declarations shall be deposited with the ,ecretar"23eneral of the United Nations* who shall trans-it copies thereof to the parties to the ,tatute and to the Degistrar of the Court. !. Beclarations -ade under $rticle =% of the ,tatute of the &er-anent Court of International Justice and which are still in force shall be dee-ed* as between the parties to the present ,tatute* to be acceptances of the co-pulsor" jurisdiction of the International Court of Justice for the period which the" still ha/e to run and in accordance with their ter-s.J Te)ts of those declarations are gi/en in the JBeclarations Decogni1ing as Co-pulsor" the Jurisdiction of the CourtJ section. (d) 5oru- prorogatuIf a ,tate has not recogni1ed the jurisdiction of the Court at the ti-e when an application instituting proceedings is filed against it* that ,tate has the possibilit" of accepting such jurisdiction subse0uentl" to enable the Court to entertain the case< the Court thus has jurisdiction as of the date of acceptance in /irtue of the rule of foru- prorogatu-. (e) The Court itself decides an" 0uestions as to its jurisdiction $rticle =%* paragraph %* of the ,tatute pro/ides that in the e/ent of a dispute as to whether the Court has jurisdiction* the -atter shall be settled b" the decision of the Court. $rticle 99 of the Dules la"s down the conditions which go/ern the filing of preli-inar" objections . (f) Interpretation of a judg-ent $rticle %8 of the ,tatute pro/ides that in the e/ent of dispute as to the -eaning or scope of a judg-ent* the Court shall construe it upon the re0uest of an" part". The re0uest for interpretation -a" be -ade either b" -eans of a special agree-ent between the parties or of an application b" one or -ore of the parties (Dules* $rt. 97)!. (g) De/ision of a judg-ent

$n application for re/ision of a judg-ent -a" be -ade onl" when it is based upon the disco/er" of so-e fact of such a nature as to be a decisi/e factor* which fact was* when the judg-ent was gi/en* un#nown to the Court and also to the part" clai-ing re/ision* alwa"s pro/ided that such part"Is ignorance was not due to negligence (,tatute* $rt. %1* para. 1). $ re0uest for re/ision is -ade b" -eans of an application (Dules* $rt. 99)%. $d/isor" Jurisdiction ,ince ,tates alone ha/e capacit" to appear before the Court* public (go/ern-ental) international organi1ations cannot as such be parties to an" case before it. $ special procedure* the ad/isor" procedure* is* howe/er* a/ailable to such organi1ations and to the- alone. Though based on contentious proceedings* the procedure in ad/isor" proceedings has distincti/e features resulting frothe special nature and purpose of the ad/isor" function. $d/isor" proceedings begin with the filing of a written re0uest for an ad/isor" opinion addressed to the Degistrar b" the United2Nations ,ecretar"23eneral or the director or secretar"2general of the entit" re0uesting the opinion. In urgent cases the Court -a" do whate/er is necessar" to speed up the proceedings. In order that it -a" be full" infor-ed on the 0uestion sub-itted to it* the Court is e-powered to hold written and oral proceedings. $ few da"s after the filing of the re0uest* the Court draws up a list of those ,tates and international organi1ations li#el" to be able to furnish infor-ation on the 0uestion before the Court. In general* the ,tates listed are the -e-ber ,tates of the organi1ation re0uesting the opinion* while so-eti-es the other states to which the Court is open in contentious proceedings are also included. $s a rule* organi1ations and ,tates authori1ed to participate in the proceedings -a" sub-it written state-ents* followed* if the Court considers it necessar"* b" written co--ents on these state-ents. These written state-ents are generall" -ade a/ailable to the public at the beginning of the oral proceedings* if the Court considers that such proceedings should ta#e place. Contrar" to judg-ents* and e)cept in rare cases where it is stipulated beforehand that the" shall ha/e binding effect (for e)a-ple* as in the Con/ention on the &ri/ileges and I--unities of the United Nations* in the Con/ention on the &ri/ileges and I--unities of the speciali1ed agencies of the United Nations* and the 'ead0uarters $gree-ent between the United Nations and the United ,tates of $-erica)* the CourtIs ad/isor" opinions ha/e no binding effect. The re0uesting organ* agenc" or organi1ation re-ains free to decide* b" an" -eans open to it* what effect to gi/e to these opinions. $lthough without binding effect* the ad/isor" opinions of the Court ne/ertheless carr" great legal weight and -oral authorit". The" are often an instru-ent of pre/enti/e diplo-ac" and ha/e peace2#eeping /irtues. $d/isor" opinions also* in their wa"* contribute to the elucidation and de/elop-ent of international law and thereb" to the strengthening of peaceful relations between ,tates.