The Way to Impartial Justice: Carving an Approach to Effective Decision Making Process, the Role of Individual Judges and Problems Faced by the International Court of Justice

  • Adit SharmaEmail author
  • Rajshree Acharya
Conference paper
Part of the Advances in Science, Technology & Innovation book series (ASTI)


International Law has been dynamic in nature throughout the last half of the century. With the advent of the United Nations, the International decision making process has been completely revamped. To ensure the legitimacy and effectiveness of this decision making process, the International Court of Justice came into existence as an impartial, justifiable and equitable authority. Even though the International Court of Justice has been fundamental in establishing compliance with substantive rule of law and international legal standards, the perceived biasness and lack of appropriateness has been questioned several times in the academic circles. This antipathy stems from the fact that the International Court of Justice does not exist in ignorance of the individual decision makers who give the shape to the systematic setup of the court. It has been well accepted notion that the institutional legitimacy of the judiciary still depends on the quality of the judgments that judges make (Keeton 1999). These judgments are a concomitant of the behavioral patterns and attitudinal characters of the individual elements of the process. Such attributes give rise to the most debatable proposition of the modern judicial process, the ‘Independence of the Judiciary’. Could this freedom be the answer to ‘Effective Justice’ on an International scale? This research has raised some aspersions and doubts over this far reaching argument. Judges as individual decisions makers are marred and limited by their cognitive abilities. Prior research work has shown strong evidence that judges have a tendency to show natural inclination towards states which are economically and strategically strong within their regional territories and diplomatically strong in International forums(Posner et al. 2005). This paper concords with the available empirical data and statistical framework to this effect but tries to answer the distortions in the decision making process by utilizing an approach suitable to the psychological analysis and legal ramifications.


International court of justice Judges Decision Justice 


  1. 1.
    Human Rights in the administration of Justice-A manual on human right for judges, prosecutors and lawyers, Chapter 4, p. 113–158Google Scholar
  2. 2.
    I.C.J. 14, (1986)Google Scholar
  3. 3.
    General List No. (118)Google Scholar
  4. 4.
    Pax, T.J.: Nicaragua v. United States in the International Court of Justice: Compulsory Jurisdictionor Just Compulsion? 8 B.C. Int’l & Comp. L. Rev. 471 (1985)Google Scholar
  5. 5.
    Franck: Franck describes criticisms of the ICJ as “remarkably toothless.” p. 346 (1995)Google Scholar
  6. 6.
    See Freepedia, “Nicaragua v. United States”. Last accessed on 26 Oct 2017
  7. 7.
    Excerpt taken from the History as published on the official site of ICJ also available. Last accessed on 28 Oct 2017
  8. 8.
    International Court Of Justice, Members of the Court. Last accessed on 2 Nov 2017
  9. 9.
    Posner, E., Figueiredo, M.F.P.: Is the international court of justice biased. (2004)
  10. 10.
    Rosenne, S.: The World Court: What It Is and How It Works. Martinus Nijhof, Boston (1995)Google Scholar
  11. 11.
    China never had a judge on the sitting bench during (1967–1985)Google Scholar
  12. 12.
    Posner, E.: The decline of the international court of justice. John M Olin Program in Law and Economics Working Paper No. 233, University of Chicago Law School, Chicago, (2004)Google Scholar
  13. 13.
    If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgmentGoogle Scholar
  14. 14.
    Repertory of practice of United Nations Published by Codification division Publication U.NGoogle Scholar
  15. 15.
    Tanzi, A.: Problems of enforcement of decisions of the international Court of justice and the law of the United Nations, pp. 540–550Google Scholar
  16. 16.
    Lalaj, A.: Published by Woodrow Wilson International center for scholars, Burning Secrets of the Corfu Channel Incident, working paper (70)Google Scholar
  17. 17.
    Gunartane, R.: Nicaragua v. United States Analysis of the jurisprudence relating to customary international law, (2008)Google Scholar
  18. 18.
    PCA Case No (2013–19) (Official Case No), ICGJ 495, PCA (2016)Google Scholar
  19. 19.
    United Nations: Statute of the International Court of Justice, 18 Apr (1946)Google Scholar
  20. 20.
    Mohamed, M.S.A.: The role of the international court of justice as the principal judicial organ, Law Department London School of Economics and Political Science, Published by ProQuest LLC (2014)Google Scholar
  21. 21.
    United Nations conference on trade and development, General topics, published by United Nations, New York and Geneva (2003)Google Scholar
  22. 22.
    Oberprantacher, A.: Power and justice in International Relations: interdisciplinary approaches to global challenges, published by Ashgate Ltd (2009)Google Scholar
  23. 23.
    Lalaj, A.: Burning secrets of the Corfu channel incident, working paper 70, p. 2 (2014)Google Scholar
  24. 24.
    Wood, M.: University of Virginia, school of law, international court of justice represents unique blend of legal systems. Last accessed on 18 Nov 2017
  25. 25.
    Beyond the hague: the challenges of international justice, human right’s world report. (2004)
  26. 26.
    U.S: 491 (2008)Google Scholar
  27. 27.
    Gozie, O.S.: An overview of the challenges facing the international court of justice in the 21st century, Annual survey of international & comparative law. 18(1), Article 7, (2012)Google Scholar

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.National Law University and Judicial AcademyGuwahatiIndia

Personalised recommendations