The International Court of Justice’s advisory jurisdiction, dispute settlement and state consent : an historical perspective

This article analyses the relationship between the International Court of Justice’s advisory jurisdiction, dispute settlement and the consent principle in an historical perspective. After considering the circumstances which led to the introduction of advisory opinions in the Covenant of the League of Nations, it examines their practical use in inter-State disputes during the League of Nations and United Nations periods. For each of them, it investigates the nature and function of advisory jurisdiction and its relationship with other means of dispute settlement, notably contentious jurisdiction. Building on this analysis, it addresses the impact of the lack of the parties’ consent on the exercise by the Court of its advisory jurisdiction.