Effectiveness of the International Court of Justice (ICJ) in Enforcing Compliance

Abstract

This paper critically evaluates the practical effectiveness of the International Court of Justice (ICJ) in making its rulings with the international legal system. It examines the law underlying ICJ jurisdiction such as the UN Charter and the ICJ Statute, and considers the tools for incentivizing compliance such as self-compliance, reputation, diplomacy and national ratification. The study shows a lack of uniformity and strong contextual variation in conformance through selected cases covering Nicaragua v. United States, Cameroon v. Nigeria, Avena and more recent provisional measure cases. The results indicate that, although the ICJ does not have the enforcement powers to coerce, it can still play a role in shaping legal norms, influencing state action, and enable peaceful dispute resolution. The paper rather concludes that in considering ICJ effectiveness, one should look not at its enforcement abilities, but at its normatively authoritative and systemic influence.

This work discusses compliance, international law, enforcement mechanisms, the role of civil society, judicial authority, dispute settlement, international adjudication, and legal effectiveness, amongst others, in light of the International and Civil War Court. The International Court of Justice is discussed in the context of compliance, international law and enforcement mechanisms, state sovereignty, and judicial authority, among other topics, concerning the effectiveness of the legal system in international adjudication

Keywords: International Court of Justice; compliance; international law; enforcement mechanisms; state sovereignty; judicial authority; UN Charter; dispute settlement; international adjudication; legal effectiveness.

https://doi.org/10.5281/zenodo.21309327