INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT INTERNATIONAL COURT OF JUSTICEOF JUSTICEOF JUSTICEOF JUSTICEOF JUSTICE OF JUSTICEOF JUSTICE
LEGAL CONSEQUENCES OLEGAL CONSEQUENCES OLEGAL CONSEQUENCES OLEGAL CONSEQUENCES OLEGAL CONSEQUENCES OLEGAL CONSEQUENCES OLEGAL CONSEQUENCES O LEGAL CONSEQUENCES OLEGAL CONSEQUENCES O LEGAL CONSEQUENCES OLEGAL CONSEQUENCES OLEGAL CONSEQUENCES OLEGAL CONSEQUENCES O LEGAL CONSEQUENCES OLEGAL CONSEQUENCES O LEGAL CONSEQUENCES OF THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF F THE SEPARATION OF THE CHAGOS ARCHIPELATHE CHAGOS ARCHIPELATHE CHAGOS ARCHIPELATHE CHAGOS ARCHIPELATHE CHAGOS ARCHIPELA THE CHAGOS ARCHIPELATHE CHAGOS ARCHIPELATHE CHAGOS ARCHIPELATHE CHAGOS ARCHIPELA THE CHAGOS ARCHIPELATHE CHAGOS ARCHIPELA THE CHAGOS ARCHIPELATHE CHAGOS ARCHIPELATHE CHAGOS ARCHIPELATHE CHAGOS ARCHIPELATHE CHAGOS ARCHIPELAGO FROM GO FROM GO FROM GO FROM GO FROM GO FROM GO FROM MAURITIUS IN 1965MAURITIUS IN 1965 MAURITIUS IN 1965MAURITIUS IN 1965 MAURITIUS IN 1965 MAURITIUS IN 1965MAURITIUS IN 1965MAURITIUS IN 1965MAURITIUS IN 1965
(REQUEST FOR ADVISOR(REQUEST FOR ADVISOR (REQUEST FOR ADVISOR(REQUEST FOR ADVISOR (REQUEST FOR ADVISOR(REQUEST FOR ADVISOR(REQUEST FOR ADVISOR(REQUEST FOR ADVISOR(REQUEST FOR ADVISOR(REQUEST FOR ADVISOR(REQUEST FOR ADVISOR(REQUEST FOR ADVISOR (REQUEST FOR ADVISOR(REQUEST FOR ADVISOR (REQUEST FOR ADVISORY OPINION)Y OPINION)Y OPINION)Y OPINION)Y OPINION)Y OPINION) Y OPINION)
WRITTEN STATEMENT OF THE GOVE WRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVE WRITTEN STATEMENT OF THE GOVE WRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVE WRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVEWRITTEN STATEMENT OF THE GOVE RNMENT OF THE REPUBLIC KOREA RNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREA RNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREA RNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREA RNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREARNMENT OF THE REPUBLIC KOREA RNMENT OF THE REPUBLIC KOREA
28 FEBRUARYFEBRUARYFEBRUARYFEBRUARY FEBRUARY 2018201820182018
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I. INTRODUCTION NTRODUCTION NTRODUCTION NTRODUCTIONNTRODUCTION
1. The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted The United Nations General Assembly adopted resolution 71/292 on 22 June 2017 esolution 71/292 on 22 June 2017 esolution 71/292 on 22 June 2017 esolution 71/292 on 22 June 2017 esolution 71/292 on 22 June 2017 esolution 71/292 on 22 June 2017 esolution 71/292 on 22 June 2017 esolution 71/292 on 22 June 2017 esolution 71/292 on 22 June 2017 esolution 71/292 on 22 June 2017 esolution 71/292 on 22 June 2017 requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on requesting the International Court of Justice to render an advisory opinion on legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in legal consequences of the separation Chagos Archipelago from Mauritius in 1965. The Court 1965. The Court 1965. The Court 1965. The Court 1965. The Court issued an Order on 14 July 2017, issued an Order on 14 July 2017, issued an Order on 14 July 2017, issued an Order on 14 July 2017,issued an Order on 14 July 2017, issued an Order on 14 July 2017, issued an Order on 14 July 2017, issued an Order on 14 July 2017, issued an Order on 14 July 2017, issued an Order on 14 July 2017, issued an Order on 14 July 2017,issued an Order on 14 July 2017, issued an Order on 14 July 2017,issued an Order on 14 July 2017,issued an Order on 14 July 2017, issued an Order on 14 July 2017, in accorda in accordain accordain accordain accorda in accorda nce with Article 66, nce with Article 66, nce with Article 66, nce with Article 66, nce with Article 66, nce with Article 66, nce with Article 66, nce with Article 66, nce with Article 66, paragraph 2, of its Statute, paragraph 2, of its Statute, paragraph 2, of its Statute, paragraph 2, of its Statute, paragraph 2, of its Statute, paragraph 2, of its Statute, paragraph 2, of its Statute, paragraph 2, of its Statute, paragraph 2, of its Statute, paragraph 2, of its Statute, paragraph 2, of its Statute, paragraph 2, of its Statute, paragraph 2, of its Statute, to the effect to the effect to the effect to the effect to the effect to the effect to the effect that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States that the United Nations and its Member States are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, are likely to be able furnish information on the question, initially setting initially setting initially settinginitially setting initially settinginitially settinginitially setting initially setting initially setting 30 30 January 2018 as the timeJanuary 2018 as the timeJanuary 2018 as the time January 2018 as the timeJanuary 2018 as the timeJanuary 2018 as the timeJanuary 2018 as the time January 2018 as the timeJanuary 2018 as the timeJanuary 2018 as the timeJanuary 2018 as the timeJanuary 2018 as the time January 2018 as the time January 2018 as the timeJanuary 2018 as the time-limit within which written statements limit within which written statements limit within which written statements limit within which written statements limit within which written statements limit within which written statements limit within which written statements limit within which written statements limit within which written statements limit within which written statements limit within which written statements limit within which written statements limit within which written statements limit within which written statements on the question may on the question may on the question may on the question may on the question may on the question may on the question may on the question may on the question may on the question may on the question may be be submitted submitted submitted . By the CourtBy the CourtBy the CourtBy the Court By the CourtBy the CourtBy the CourtBy the Court ’s Order of s Order of s Order of s Order of s Order of s Order of s Order of 17 January 2018, the January 2018, the January 2018, the January 2018, the January 2018, the January 2018, the January 2018, the January 2018, the January 2018, the January 2018, the aforementioned timeaforementioned time aforementioned timeaforementioned time aforementioned time aforementioned time aforementioned time -limit has been extended to has been extended to has been extended to has been extended to has been extended to has been extended to has been extended to has been extended to has been extended to has been extended to 1 March 2018. March 2018.March 2018. March 2018. This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the This Statement is intended to share the opinion of the opinion of the opinion of the opinion of the opinion of the Republic of KorRepublic of KorRepublic of Kor Republic of KorRepublic of KorRepublic of Kor Republic of KorRepublic of Kor ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, ea, as a Member State of the United Nations, with the with the with the Court, pursuant to its aboveCourt, pursuant to its above Court, pursuant to its above Court, pursuant to its above Court, pursuant to its above Court, pursuant to its above Court, pursuant to its above Court, pursuant to its aboveCourt, pursuant to its above -mentioned Order mentioned Order mentioned Order mentioned Orders, with the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the hope of assisting Court in the assessment of request from General Assembly the assessment of request from General Assemblythe assessment of the request from General Assembly the assessment of request from General Assembly the assessment of request from General Assemblythe assessment of the request from General Assembly the assessment of request from General Assembly the assessment of request from General Assembly the assessment of request from General Assembly the assessment of request from General Assembly the assessment of request from General Assembly the assessment of request from General Assembly the assessment of request from General Assembly the assessment of request from General Assembly the assessment of request from General Assemblythe assessment of the request from General Assemblythe assessment of the request from General Assemblythe assessment of the request from General Assemblythe assessment of the request from General Assembly the assessment of request from General Assembly the assessment of request from General Assembly. More specifically, this . More specifically, this . More specifically, this . More specifically, this . More specifically, this . More specifically, this . More specifically, this . More specifically, this . More specifically, this . More specifically, this . More specifically, this . More specifically, this . More specifically, this Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of Statement will focus on the issue of the judicial propriety of the giving an judicial propriety of the giving anjudicial propriety of the giving an judicial propriety of the giving anjudicial propriety of the giving anjudicial propriety of the giving an judicial propriety of the giving anjudicial propriety of the giving anjudicial propriety of the giving anjudicial propriety of the giving an judicial propriety of the giving anjudicial propriety of the giving an judicial propriety of the giving anjudicial propriety of the giving anjudicial propriety of the giving an judicial propriety of the giving an judicial propriety of the giving an judicial propriety of the giving anjudicial propriety of the giving anjudicial propriety of the giving an advisory advisory advisory advisory advisory opinion. opinion.
2. The Republic of Korea The Republic of Korea The Republic of Korea The Republic of Korea The Republic of Korea The Republic of Korea The Republic of Korea The Republic of Korea The Republic of Korea The Republic of Korea The Republic of Korea The Republic of Korea The Republic of Korea fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue fully acknowledges the legitimacy of issue decolonization decolonization decolonization decolonization decolonization decolonization decolonization as a criticalas a critical as a criticalas a criticalas a criticalas a critical as a critical agenda agenda agenda agenda agenda agenda item item item of the General Assembly, of the General Assembly, of the General Assembly, of the General Assembly, of the General Assembly, of the General Assembly, of the General Assembly, of the General Assembly, of the General Assembly, of the General Assembly, of the General Assembly, of the General Assembly, as the General as the General as the General as the General as the General as the General as the General as the General as the General Assembly recognized Assembly recognized Assembly recognizedAssembly recognized Assembly recognizedAssembly recognizedAssembly recognizedAssembly recognizedAssembly recognized Assembly recognizedAssembly recognized, in its in its in its Declaration DeclarationDeclaration Declaration on the Granting of ranting of ranting of Independence to ndependence to ndependence to ndependence to ndependence to ndependence to ndependence to Colonial olonial olonial olonial Countries and ountries and ountries and Peopleseoples , “the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end the peoples of world ardently desire end colonialism in all its manifestationscolonialism in all its manifestations colonialism in all its manifestationscolonialism in all its manifestations colonialism in all its manifestations colonialism in all its manifestations colonialism in all its manifestationscolonialism in all its manifestations colonialism in all its manifestationscolonialism in all its manifestations colonialism in all its manifestationscolonialism in all its manifestationscolonialism in all its manifestations colonialism in all its manifestationscolonialism in all its manifestations colonialism in all its manifestations ” (G .A. ResResRes. 1514 . 1514 (XV) (XV) , U.N. Doc., U.N. Doc., U.N. Doc., U.N. Doc., U.N. Doc., A/RES/1514(XV), 196 A/RES/1514(XV), 196 A/RES/1514(XV), 196 A/RES/1514(XV), 196 0). As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea . As a past victim of colonization, the Republic Korea. As a past victim of colonization, the Republic Korea is well aware of the well aware of the well aware of the well aware of the well aware of the well aware of the well aware of the well aware of the well aware of the well aware of the well aware of the historical context and political implications of this issue historical context and political implications of this issue historical context and political implications of this issue historical context and political implications of this issue historical context and political implications of this issuehistorical context and political implications of this issue historical context and political implications of this issue historical context and political implications of this issuehistorical context and political implications of this issue historical context and political implications of this issue historical context and political implications of this issue historical context and political implications of this issuehistorical context and political implications of this issuehistorical context and political implications of this issue historical context and political implications of this issue historical context and political implications of this issue historical context and political implications of this issuehistorical context and political implications of this issuehistorical context and political implications of this issue historical context and political implications of this issue historical context and political implications of this issue historical context and political implications of this issuehistorical context and political implications of this issue historical context and political implications of this issue historical context and political implications of this issuehistorical context and political implications of this issue , and and and therefore thereforetherefore therefore support s the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is the constructive manner in which General Assembly is addressing the matter.addressing the matter. addressing the matter. addressing the matter.addressing the matter.addressing the matter. addressing the matter. addressing the matter.addressing the matter.addressing the matter.
3. In this respectIn this respect In this respect In this respect In this respect In this respect In this respectIn this respectIn this respect, the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to , the Republic of Korea wishes to clarifyclarify clarify clarify that the purpose of the purpose of the purpose of the purpose ofthe purpose of this this this Statement Statement Statement is neither to is neither to is neither to is neither to is neither to is neither to review review the approaches approaches approaches approaches approaches approaches of of the General Assembly towards the General Assembly towards the General Assembly towards the General Assembly towards the General Assembly towards the General Assembly towards the General Assembly towards the General Assembly towards the General Assembly towards the General Assembly towards the General Assembly towards the General Assembly towards the General Assembly towards issue of decolonization issue of decolonization issue of decolonizationissue of decolonization issue of decolonizationissue of decolonization issue of decolonizationissue of decolonization issue of decolonizationissue of decolonizationissue of decolonization issue of decolonization , nor to nor to evaluate evaluate evaluate evaluate its its relevance relevance relevance relevance relevance relevance as an agenda as an agenda as an agenda as an agenda as an agenda as an agenda as an agenda as an agenda as an agenda as an agenda item item item of the General of the General of the General of the General of the General of the General of the General of the General Assembly. As Assembly. As Assembly. As Assembly. As Assembly. As the Republic of Mauritius the Republic of Mauritiusthe Republic of Mauritiusthe Republic of Mauritius the Republic of Mauritius the Republic of Mauritiusthe Republic of Mauritiusthe Republic of Mauritius the Republic of Mauritiusthe Republic of Mauritius the Republic of Mauritius the Republic of Mauritius indicated in its indicated in its indicated in its indicated in its indicated in its indicated in its indicated in its non -paper dated paper dated paper dated paper dated paper dated paper dated 12 June June June
2
2017, the United Nations United Nations United Nations United Nations United Nations has has a direct interest in this direct interest in this direct interest in this direct interest in this direct interest in this direct interest in this direct interest in this direct interest in this issue issue , with the General Assembly the General Assembly the General Assembly the General Assembly the General Assembly the General Assembly the General Assembly the General Assembly ha ving played a historic and central role in addressing decolonization played a historic and central role in addressing decolonizationplayed a historic and central role in addressing decolonizationplayed a historic and central role in addressing decolonization played a historic and central role in addressing decolonization played a historic and central role in addressing decolonization played a historic and central role in addressing decolonization played a historic and central role in addressing decolonizationplayed a historic and central role in addressing decolonization played a historic and central role in addressing decolonizationplayed a historic and central role in addressing decolonization played a historic and central role in addressing decolonizationplayed a historic and central role in addressing decolonization played a historic and central role in addressing decolonization played a historic and central role in addressing decolonizationplayed a historic and central role in addressing decolonizationplayed a historic and central role in addressing decolonization played a historic and central role in addressing decolonization played a historic and central role in addressing decolonizationplayed a historic and central role in addressing decolonization played a historic and central role in addressing decolonizationplayed a historic and central role in addressing decolonizationplayed a historic and central role in addressing decolonization played a historic and central role in addressing decolonization .
4. FurthermoreFurthermore Furthermore Furthermore Furthermore , the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea does not does not does not take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and take a stance on the ongoing legal and political dispute between Ma political dispute between Ma political dispute between Mapolitical dispute between Mapolitical dispute between Ma political dispute between Ma political dispute between Ma political dispute between Ma political dispute between Ma political dispute between Mapolitical dispute between Ma political dispute between Ma uritius and ritius and ritius and ritius and United Kingdom United KingdomUnited Kingdom United Kingdom . The The The Republic of Korea Republic of Korea Republic of Korea Republic of Korea Republic of Korea Republic of Korea Republic of Korea Republic of Korea Republic of Korea Republic of Korea Republic of Korea hopes hopes the two countries the two countries the two countries the two countries the two countries the two countries will reach a reach areach areach areach areach an amicable n amicablen amicable n amicablen amicablen amicable solution through solution through solution through solution through solution through various various various mechanisms mechanisms mechanisms mechanisms of of pacific settlement of disputes pacific settlement of disputespacific settlement of disputes pacific settlement of disputes pacific settlement of disputes pacific settlement of disputes pacific settlement of disputes pacific settlement of disputes pacific settlement of disputespacific settlement of disputespacific settlement of disputes pacific settlement of disputespacific settlement of disputes under international l under international l under international l under international lunder international l under international l under international l under international l under international law . Also, the Republic of Korea Also, the Republic of Korea Also, the Republic of Korea Also, the Republic of Korea Also, the Republic of Korea Also, the Republic of Korea Also, the Republic of Korea Also, the Republic of Korea Also, the Republic of Korea Also, the Republic of Korea Also, the Republic of Korea Also, the Republic of Korea Also, the Republic of Korea wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues wishes to confirm that this Statement does not affect its position on any other issues of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an of international law unrelated to the current request General Assembly for an advisory opinion of the Court.advisory opinion of the Court. advisory opinion of the Court.advisory opinion of the Court.advisory opinion of the Court. advisory opinion of the Court. advisory opinion of the Court. advisory opinion of the Court.
II. JURISDICTION AND URISDICTION AND URISDICTION AND URISDICTION AND URISDICTION AND URISDICTION AND DIS CRETIONARY CRETIONARY CRETIONARY CRETIONARY CRETIONARY CRETIONARY POWER OF THE OWER OF THE OWER OF THE OWER OF THE OWER OF THE OWER OF THE OWER OF THE OWER OF THE OWER OF THE OWER OF THE COURT TO OURT TO OURT TO OURT TO OURT TO OURT TO OURT TO GIVE AN IVE AN IVE AN IVE AN IVE AN IVE AN ADVISORY DVISORY DVISORY DVISORY DVISORY DVISORY OPINIONPINIONPINION
a. Jurisdiction of the Court Jurisdiction of the CourtJurisdiction of the Court Jurisdiction of the Court Jurisdiction of the Court Jurisdiction of the Court Jurisdiction of the Court Jurisdiction of the CourtJurisdiction of the CourtJurisdiction of the Court
5. The Republic of Korea he Republic of Korea he Republic of Korea he Republic of Korea he Republic of Korea he Republic of Korea he Republic of Korea he Republic of Korea he Republic of Korea he Republic of Korea he Republic of Korea he Republic of Korea he Republic of Korea is of the viewis of the view is of the view is of the viewis of the view is of the view is of the view that the Court that the Court that the Court that the Court has has “jurisdiction jurisdictionjurisdiction jurisdiction ” to render an to render an to render an to render an to render an to render an to render an to render an advisory opinion on the questionadvisory opinion on the question advisory opinion on the questionadvisory opinion on the questionadvisory opinion on the questionadvisory opinion on the question advisory opinion on the question advisory opinion on the question advisory opinion on the question advisory opinion on the questionadvisory opinion on the question advisory opinion on the question advisory opinion on the question s submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in submitted by the General Assembly in aboveabove -mentioned r mentioned resolutionesolution esolution , pursuant to Article 96, paragraph 1 , pursuant to Article 96, paragraph 1 , pursuant to Article 96, paragraph 1 , pursuant to Article 96, paragraph 1 , pursuant to Article 96, paragraph 1 , pursuant to Article 96, paragraph 1 , pursuant to Article 96, paragraph 1, pursuant to Article 96, paragraph 1 , pursuant to Article 96, paragraph 1 , pursuant to Article 96, paragraph 1 , pursuant to Article 96, paragraph 1 , pursuant to Article 96, paragraph 1, pursuant to Article 96, paragraph 1, pursuant to Article 96, paragraph 1, pursuant to Article 96, paragraph 1 , pursuant to Article 96, paragraph 1, of the Charter of the Charterof the Charter of the Charterof the Charter of the Charterof the Charter of the of the of the of the United Nations United Nations United Nations United Nations and Article 65and Article 65 and Article 65 and Article 65 and Article 65and Article 65 and Article 65 , paragraph 1, , paragraph 1, , paragraph 1, , paragraph 1, , paragraph 1,, paragraph 1, , paragraph 1, of the Statute of the Statute of the Statute of the Statute of the Statute of the Statute of the Statute of the Statute of the Statute of the Statute CourtCourt . Specifically, Specifically, Specifically, Specifically, Specifically, Specifically, Specifically, Specifically, the General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal he General Assembly is permitted to request an advisory opinion on “any legal question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter question” under Article 96, paragraph 1, of the Charter , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an , and the Court may give an advisory opinion on advisory opinion on advisory opinion on advisory opinion on advisory opinion on advisory opinion on advisory opinion on advisory opinion on “any legal questionany legal questionany legal questionany legal questionany legal questionany legal questionany legal questionany legal questionany legal question any legal question any legal question any legal question ” at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly at the request of General Assembly under Article 65, paragraph 1, of its Statute under Article 65, paragraph 1, of its Statute under Article 65, paragraph 1, of its Statute under Article 65, paragraph 1, of its Statute under Article 65, paragraph 1, of its Statuteunder Article 65, paragraph 1, of its Statuteunder Article 65, paragraph 1, of its Statuteunder Article 65, paragraph 1, of its Statuteunder Article 65, paragraph 1, of its Statute under Article 65, paragraph 1, of its Statute under Article 65, paragraph 1, of its Statute under Article 65, paragraph 1, of its Statuteunder Article 65, paragraph 1, of its Statuteunder Article 65, paragraph 1, of its Statuteunder Article 65, paragraph 1, of its Statute under Article 65, paragraph 1, of its Statute under Article 65, paragraph 1, of its Statute under Article 65, paragraph 1, of its Statuteunder Article 65, paragraph 1, of its Statute under Article 65, paragraph 1, of its Statute under Article 65, paragraph 1, of its Statuteunder Article 65, paragraph 1, of its Statute . The question . The question . The question. The question . The question . The question s submitted by the General submitted by the General submitted by the General submitted by the General submitted by the General submitted by the General submitted by the General submitted by the General submitted by the General submitted by the General submitted by the General submitted by the General submitted by the General submitted by the General Assembl Assembl y may may have political aspects, but this have political aspects, but this have political aspects, but this have political aspects, but this have political aspects, but this have political aspects, but this have political aspects, but this have political aspects, but this have political aspects, but this have political aspects, but this have political aspects, but this have political aspects, but this have political aspects, but this have political aspects, but this have political aspects, but this does does not deprive not deprive not deprive not deprive them of the of theof the ir quintessential legal character. quintessential legal character. quintessential legal character. quintessential legal character. quintessential legal character. quintessential legal character. quintessential legal character. quintessential legal character. quintessential legal character.
6. While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, While the General Assembly may request an advisory opinion on any legal question, the Court the Court the Court “has sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to thhas sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to thhas sometimes in the past given certain indications as to thhas sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to thhas sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to thhas sometimes in the past given certain indications as to thhas sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to thhas sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to th has sometimes in the past given certain indications as to th e relationship e relationship e relationship e relationship e relationship e relationship between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and between the question subject of a request for an advisory opinion and actiactiacti vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” vities of the General Assembly” (Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a Legal Consequences of the Construction a
3
Wall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian Territory Wall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian Territory Wall in the Occupied Palestinian Territory Wall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian Territory Wall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian Territory Wall in the Occupied Palestinian Territory Wall in the Occupied Palestinian Territory Wall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian Territory Wall in the Occupied Palestinian Territory , Advisory Opinion, , Advisory Opinion, , Advisory Opinion, , Advisory Opinion, , Advisory Opinion, I.C.J. Reports 2004 I.C.J. Reports 2004 I.C.J. Reports 2004I.C.J. Reports 2004I.C.J. Reports 2004 I.C.J. Reports 2004 I.C.J. Reports 2004I.C.J. Reports 2004 , p. , p. , p. 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion 145). The General Assembly is entitled to request an advisory opinion from fromfrom the Court the Court the Court on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. on issues relating to the process of decolonization. One of t One of tOne of tOne of t One of the purpose he purposehe purpose he purpose s of the United of the United of the United of the United Nations Nations Nations is the development of friendly relations based on respect for princ the development of friendly relations based on respect for princthe development of friendly relations based on respect for the princthe development of friendly relations based on respect for the princ the development of friendly relations based on respect for princ the development of friendly relations based on respect for princthe development of friendly relations based on respect for the princ the development of friendly relations based on respect for princ the development of friendly relations based on respect for princthe development of friendly relations based on respect for the princ the development of friendly relations based on respect for princ the development of friendly relations based on respect for princthe development of friendly relations based on respect for the princthe development of friendly relations based on respect for the princ the development of friendly relations based on respect for princ the development of friendly relations based on respect for princthe development of friendly relations based on respect for the princ the development of friendly relations based on respect for princ the development of friendly relations based on respect for princ the development of friendly relations based on respect for princ the development of friendly relations based on respect for princthe development of friendly relations based on respect for the princ the development of friendly relations based on respect for princ the development of friendly relations based on respect for princthe development of friendly relations based on respect for the princthe development of friendly relations based on respect for the princ the development of friendly relations based on respect for princ the development of friendly relations based on respect for princ the development of friendly relations based on respect for princ the development of friendly relations based on respect for princthe development of friendly relations based on respect for the princ the development of friendly relations based on respect for princ iple of iple of iple of iple of iple of self self -determination, determination, determination, determination, determination, as as enshrined in Articles 1 and 55 of the Charterenshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charterenshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charterenshrined in Articles 1 and 55 of the Charterenshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charterenshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charterenshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charter enshrined in Articles 1 and 55 of the Charter. This . This has been has been has been has been has been further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, further enhanced by the General Assembly in a series of landmark resolutions, including including resolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the esolution 1514 (XV) of 14 December 1960, containing the Declaration on Declaration on Declaration on Declaration on Declaration on Declaration on Declaration on the Granting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and PeoplesGranting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and PeoplesGranting of Independence to Colonial Countries and PeoplesGranting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and PeoplesGranting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and PeoplesGranting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and Peoples Granting of Independence to Colonial Countries and Peoples . To deny the . To deny the . To deny the . To deny the . To deny the . To deny the . To deny the . To deny the . To deny the . To deny the General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters General Assembly the competence to request an opinion of Court on such matters would run against well would run against well would run against wellwould run against well would run against well would run against wellwould run against well would run against well -established principles and established principles and established principles and established principles and established principles and established principles and established principles and long -standing judicial practice standing judicial practicestanding judicial practicestanding judicial practice standing judicial practicestanding judicial practice standing judicial practice standing judicial practice standing judicial practicestanding judicial practicestanding judicial practice standing judicial practicestanding judicial practice. Hence the Republic Hence the Republic Hence the RepublicHence the RepublicHence the Republic Hence the RepublicHence the RepublicHence the Republic Hence the Republic of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters of Korea will set aside further discussion on matters jurisdiction, and turn its focus jurisdiction, and turn its focus jurisdiction, and turn its focus jurisdiction, and turn its focus jurisdiction, and turn its focus jurisdiction, and turn its focus jurisdiction, and turn its focus to the discretionary power of Court. the discretionary power of Court. the discretionary power of Court. the discretionary power of Court. the discretionary power of Court. the discretionary power of Court. the discretionary power of Court. the discretionary power of Court. the discretionary power of Court. the discretionary power of Court.
b. Discretionary Discretionary Discretionary Discretionary Discretionary Power of the Court and ower of the Court and ower of the Court and ower of the Court and ower of the Court and ower of the Court and ower of the Court and ower of the Court and ower of the Court and ower of the Court and ower of the Court and ower of the Court and ower of the Court and ower of the Court and Principle of rinciple of rinciple of rinciple of rinciple of rinciple of Consent onsent onsent onsent
7. As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether As the Court has repeatedly stated in previous cases, must consider whether there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the there is any reason it should decline to exercise jurisdiction give a reply the request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it request of the General Assembly for an advisory opinion, if it decides decides decides first that it first that it first that it first that it has has has such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only such jurisdiction. The Court has consistently held that only “compelling reasons” compelling reasons” compelling reasons” compelling reasons” compelling reasons” compelling reasons” compelling reasons” compelling reasons” could lead it to such a refusalcould lead it to such a refusal could lead it to such a refusal could lead it to such a refusal could lead it to such a refusal could lead it to such a refusalcould lead it to such a refusal could lead it to such a refusalcould lead it to such a refusal could lead it to such a refusalcould lead it to such a refusalcould lead it to such a refusalcould lead it to such a refusalcould lead it to such a refusal could lead it to such a refusal (Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter), paragraph 2, of the Charter), paragraph 2, of the Charter), paragraph 2, of the Charter), paragraph 2, of the Charter), paragraph 2, of the Charter), paragraph 2, of the Charter), paragraph 2, of the Charter), Advisory dvisory dvisory dvisory Opinion, pinion, I.C.J. I.C.J. Reports 1962eports 1962 eports 1962 eports 1962 , p. 155 ; Legal Legal Legal Legal Consequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian TerritoryConsequences of the Construction a Wall in Occupied Palestinian Territory Consequences of the Construction a Wall in Occupied Palestinian Territory , Advisory Opinion, Advisory Opinion,Advisory Opinion, I.C.J. Reports I.C.J. Reports I.C.J. Reports I.C.J. Reports I.C.J. Reports 2004 , p. 156 ).
8. It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on It is true that there has been no refusal by the Court, based on its discretionary power, discretionary power, discretionary power, discretionary power, discretionary power, discretionary power, discretionary power, discretionary power, discretionary power, discretionary power, discretionary power, discretionary power, discretionary power, to act upon a request for advisory o to act upon a request for advisory oto act upon a request for advisory oto act upon a request for advisory o to act upon a request for advisory o to act upon a request for advisory oto act upon a request for advisory oto act upon a request for advisory o to act upon a request for advisory o to act upon a request for advisory oto act upon a request for advisory o to act upon a request for advisory o to act upon a request for advisory oto act upon a request for advisory oto act upon a request for advisory o to act upon a request for advisory oto act upon a request for advisory oto act upon a request for advisory oto act upon a request for advisory opinion in its history pinion in its history pinion in its history pinion in its history pinion in its history pinion in its history pinion in its history pinion in its history (Legality of the Legality of the Legality of the Legality of the Legality of the Legality of the Threat or Use Threat or Use Threat or Use Threat or Use Threat or Use Threat or Use Threat or Use of Nuclear Weapons, of Nuclear Weapons,of Nuclear Weapons, of Nuclear Weapons, of Nuclear Weapons,of Nuclear Weapons,of Nuclear Weapons, Advisory Opinion, Advisory Opinion, Advisory Opinion, Advisory Opinion, Advisory Opinion, I.C.J. Reports 1996 I.C.J. Reports 1996 I.C.J. Reports 1996 I.C.J. Reports 1996 I.C.J. Reports 1996 I.C.J. Reports 1996 , p. 235) . StatesStates States, however, , however, , however, , however,, however, have have have continued to continued to continued to continued to continued to make various argument make various argumentmake various argument make various argument make various argumentmake various argumentmake various argumentmake various argument s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of s to persuade the Court on existence of “compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; compelling reasons” in each advisory case: the abstract nature of question asked; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; lack of any useful purposes; unavailability the requisite facts and evidence; possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate possibility to undermine or complicate the relevant political process relevant political process relevant political process relevant political process relevant political process relevant political process relevant political processrelevant political processrelevant political process relevant political process relevant political process relevant political processrelevant political process ; and lack of and lack of and lack of and lack of and lack of and lack of consenconsen t by either Party to a dispute judicial settlement. t by either Party to a dispute judicial settlement.t by either Party to a dispute judicial settlement. t by either Party to a dispute judicial settlement. t by either Party to a dispute judicial settlement. t by either Party to a dispute judicial settlement. t by either Party to a dispute judicial settlement.t by either Party to a dispute judicial settlement.t by either Party to a dispute judicial settlement. t by either Party to a dispute judicial settlement. t by either Party to a dispute judicial settlement. t by either Party to a dispute judicial settlement. t by either Party to a dispute judicial settlement.t by either Party to a dispute judicial settlement. t by either Party to a dispute judicial settlement. t by either Party to a dispute judicial settlement. t by either Party to a dispute judicial settlement.
4
9. With regard to the present questionWith regard to the present question With regard to the present question With regard to the present question With regard to the present questionWith regard to the present questionWith regard to the present question With regard to the present question With regard to the present question With regard to the present questionWith regard to the present questionWith regard to the present question With regard to the present questionWith regard to the present question With regard to the present question With regard to the present question With regard to the present question With regard to the present question s, there is a n , there is a n , there is a n, there is a n, there is a n , there is a n, there is a n, there is a need to consider in particulareed to consider in particulareed to consider in particular eed to consider in particular eed to consider in particulareed to consider in particular eed to consider in particular eed to consider in particular eed to consider in particular eed to consider in particulareed to consider in particular eed to consider in particular eed to consider in particular the the applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be applicability of the principle that a State is not obliged to allow its disputes be submitted to judicial settlement without its consent. submitted to judicial settlement without its consent. submitted to judicial settlement without its consent. submitted to judicial settlement without its consent. submitted to judicial settlement without its consent.submitted to judicial settlement without its consent. submitted to judicial settlement without its consent.submitted to judicial settlement without its consent. submitted to judicial settlement without its consent. submitted to judicial settlement without its consent. submitted to judicial settlement without its consent. submitted to judicial settlement without its consent. submitted to judicial settlement without its consent. submitted to judicial settlement without its consent.submitted to judicial settlement without its consent. submitted to judicial settlement without its consent. submitted to judicial settlement without its consent.submitted to judicial settlement without its consent. submitted to judicial settlement without its consent. The Court The Court The Court The Court has stated that has stated that has stated that has stated thathas stated thathas stated that , “the , “the , “the , “the lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render lack of consent an interested State may render the giving of an advisory op the giving of an advisory opthe giving of an advisory op the giving of an advisory opthe giving of an advisory opthe giving of an advisory opthe giving of an advisory op the giving of an advisory opthe giving of an advisory opthe giving of an advisory op the giving of an advisory opthe giving of an advisory op the giving of an advisory opthe giving of an advisory opthe giving of an advisory opthe giving of an advisory op inion inion inion incompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ncompatible with the Court’s judicial character ”, and , and, and this issue has been examined his issue has been examined his issue has been examined his issue has been examined his issue has been examined his issue has been examined his issue has been examined his issue has been examined his issue has been examined his issue has been examined his issue has been examined his issue has been examined his issue has been examined his issue has been examined his issue has been examined in the context of the context of the context of the context of the context of the context of “judicial propriety judicial proprietyjudicial propriety judicial proprietyjudicial propriety judicial propriety judicial proprietyjudicial propriety” in the Court’s jurisprudence ” in the Court’s jurisprudence ” in the Court’s jurisprudence ” in the Court’s jurisprudence ” in the Court’s jurisprudence ” in the Court’s jurisprudence ” in the Court’s jurisprudence ” in the Court’s jurisprudence ” in the Court’s jurisprudence ” in the Court’s jurisprudence ” in the Court’s jurisprudence ” in the Court’s jurisprudence ” in the Court’s jurisprudence (Western Sahara, Western Sahara, Western Sahara, Western Sahara, Western Sahara, Western Sahara, Western Sahara, Advisory Opinion, Advisory Opinion,Advisory Opinion, I.C.J. Reports 1975 I.C.J. Reports 1975 I.C.J. Reports 1975 I.C.J. Reports 1975 I.C.J. Reports 1975 , p.25). , p.25).
10. As is reflected in As is reflected in As is reflected in As is reflected in As is reflected in As is reflected in As is reflected in Article 36 of Article 36 of Article 36 of Article 36 of Article 36 of Article 36 of Article 36 of the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on the Statute, jurisdiction of Court rests on consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its consent of parties to disputes. The International Court Justice, just as its predecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justice predecessor, the Permanent Court of International Justicepredecessor, the Permanent Court of International Justice did , has confirmed on , has confirmed on , has confirmed on , has confirmed on , has confirmed on , has confirmed on , has confirmed on numerous occasions that numerous occasions that numerous occasions that numerous occasions that numerous occasions that numerous occasions that numerous occasions that numerous occasions that consent is the fconsent is the f consent is the f consent is the f consent is the f consent is the fundamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This undamental ground for its jurisdiction. This principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as principle of consent to judicial settlement is explained as a corollarycorollarycorollary corollarycorollary of sovereignty. It sovereignty. It sovereignty. It sovereignty. It sovereignty. It sovereignty. It sovereignty. It sovereignty. It sovereignty. It sovereignty. It sovereignty. It can be said that the can be said that the can be said that the can be said that the can be said that the can be said that the can be said that the can be said that the can be said that the carecarecare with whic with whic h the Court has conducted itself h the Court has conducted itself h the Court has conducted itself h the Court has conducted itself h the Court has conducted itself h the Court has conducted itself h the Court has conducted itself h the Court has conducted itself h the Court has conducted itself h the Court has conducted itself h the Court has conducted itself h the Court has conducted itself in many cases in many cases in many cases in many cases in many cases in many cases in many cases in many cases in many cases in many cases to uphold this principle has uphold this principle has uphold this principle has uphold this principle has uphold this principle has uphold this principle has uphold this principle has uphold this principle has significa significa significantly ntly contributed to enhancing contributed to enhancing contributed to enhancing contributed to enhancing contributed to enhancing contributed to enhancing contributed to enhancing contributed to enhancing contributed to enhancing contributed to enhancing contributed to enhancing the confidenceconfidence confidenceconfidence confidence of the of the of the of the international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, international community in the Court and, for that matter, judicial judicial judicial judicial institutions institutions institutions institutions in general in generalin general in generalin generalin general.
11. The Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason he Court has in no case accepted the principle of consent to be a compelling reason to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International to decline give an advisory opinion ever since the Permanent Court of International Justice did so Justice did so Justice did so Justice did so Justice did so Justice did so once once once in the case of in the case of in the case of in the case of in the case of in the case of in the case of in the case of in the case of in the case of the Status of the Eastern Carelia Status of the Eastern Carelia Status of the Eastern Carelia Status of the Eastern Carelia Status of the Eastern CareliaStatus of the Eastern CareliaStatus of the Eastern Carelia Status of the Eastern CareliaStatus of the Eastern Carelia Status of the Eastern CareliaStatus of the Eastern Carelia Status of the Eastern Carelia (P .C.I.J., 23 Ju 23 Ju23 Ju23 July ly ly 1923, Series B Series B Series B, No . 5). The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as The Court, however, does not view the principle of consent as being without relevance being without relevance being without relevancebeing without relevance being without relevancebeing without relevance being without relevancebeing without relevancebeing without relevance being without relevance being without relevance in the advisory proceedings in the advisory proceedings in the advisory proceedingsin the advisory proceedings in the advisory proceedingsin the advisory proceedingsin the advisory proceedingsin the advisory proceedingsin the advisory proceedings in the advisory proceedingsin the advisory proceedingsin the advisory proceedings in the advisory proceedings (Western Sahara, Western Sahara, Western Sahara, Western Sahara, Western Sahara, Western Sahara, Advisory Advisory Advisory Opinion, I.C.J. Reports 1975 I.C.J. Reports 1975 I.C.J. Reports 1975 I.C.J. Reports 1975 I.C.J. Reports 1975I.C.J. Reports 1975I.C.J. Reports 1975 , p.25 , p.25 ; Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Separate Opinion of Judge Higgins, Legal Legal Legal Legal ConsequencesConsequences Consequences Consequences ConsequencesConsequences of the Construction a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territoryof the Construction of a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territoryof the Construction of a Wall in Occupied Palestinian Territoryof the Construction of a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territoryof the Construction of a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territoryof the Construction of a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territoryof the Construction of a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territoryof the Construction of a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territoryof the Construction of a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territoryof the Construction of a Wall in Occupied Palestinian Territoryof the Construction of a Wall in Occupied Palestinian Territoryof the Construction of a Wall in Occupied Palestinian Territory of the Construction a Wall in Occupied Palestinian Territory , Advisory Opinion, Advisory Opinion,Advisory Opinion,Advisory Opinion, I.C.J. Reports I.C.J. Reports I.C.J. Reports I.C.J. Reports I.C.J. Reports 2004 , p. 209 p. 209 ). The . The . The . The rationale rationale rationale rationale rationale of the Permanent Court of the Permanent Court of the Permanent Court of the Permanent Court of the Permanent Court of the Permanent Court of the Permanent Court of the Permanent Court of the Permanent Court of the Permanent Court of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in of International Justice on why it was unable to give an advisory opinion in the Eastern Carelia Eastern CareliaEastern Carelia Eastern CareliaEastern Carelia Eastern Carelia casecasecase remains relevant. As remains relevant. As remains relevant. As remains relevant. As remains relevant. As remains relevant. As stated stated by the Permanent Court, “ by the Permanent Court, “ by the Permanent Court, “ by the Permanent Court, “ by the Permanent Court, “ by the Permanent Court, “ by the Permanent Court, “ by the Permanent Court, “ by the Permanent Court, “ by the Permanent Court, “ by the Permanent Court, “ by the Permanent Court, “ by the Permanent Court, “ [t]he he question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main question put to the Court is not one of abstract law, but concerns directly main point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an point of the controversy between Finland and Russia, can only be decided by an investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be investigation into the facts underlying case. Answering question would be sub stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being stantially equivalent to deciding the dispute between parties. The Court, being
5
a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential a Court of Justice, cannot, even in giving advisory opinions, depart from the essential rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( rules guiding their activity as a Court.” ( P.C.I.J.,P.C.I.J., P.C.I.J.,P.C.I.J.,P.C.I.J., P.C.I.J., 23 July 1923, 23 July 1923,23 July 1923, 23 July 1923,23 July 1923,23 July 1923, Series B Series B Series BSeries B, No . 5, pp. 28-29).
12. It is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda t is true that bilateral legal disputes and agenda items items items of the United Nations overlap of the United Nations overlap of the United Nations overlap of the United Nations overlap of the United Nations overlap of the United Nations overlap of the United Nations overlap of the United Nations overlap of the United Nations overlap of the United Nations overlap with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission with each other in many cases. As a general political institution whose core mission lies in lies in lies in lies in the preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has preservation of international peace and security, the United Nations has addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their addressed various legal disputes among its Member States, mainly with focus on their political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between political aspects. Every dispute between its Member States ha Member States ha Member States haMember States haMember States ha Member States ha Member States ha s the potential to be the potential to be the potential to be the potential to be the potential to be the potential to be the potential to be the potential to be the potential to be submitted for d submitted for d submitted for d submitted for d submitted for dsubmitted for discussion or action to the General Assembly t iscussion or action to the General Assembly t iscussion or action to the General Assembly tiscussion or action to the General Assembly t iscussion or action to the General Assembly tiscussion or action to the General Assembly tiscussion or action to the General Assembly tiscussion or action to the General Assembly t iscussion or action to the General Assembly t iscussion or action to the General Assembly t iscussion or action to the General Assembly t iscussion or action to the General Assembly t iscussion or action to the General Assembly t iscussion or action to the General Assembly t iscussion or action to the General Assembly t iscussion or action to the General Assembly t iscussion or action to the General Assembly t iscussion or action to the General Assembly tiscussion or action to the General Assembly tiscussion or action to the General Assembly tiscussion or action to the General Assembly t iscussion or action to the General Assembly Security Council. he Security Council. he Security Council. he Security Council. he Security Council. he Security Council. he Security Council. he Security Council. he Security Council. he Security Council. he Security Council. he Security Council. he Security Council. he Security Council. he Security Council. In this connection, the Court In this connection, the Court In this connection, the Court In this connection, the Court In this connection, the Court In this connection, the Court In this connection, the Court In this connection, the Court In this connection, the Court In this connection, the Court In this connection, the Court In this connection, the Court has has pointed out that difference pointed out that differencepointed out that difference pointed out that difference pointed out that differencepointed out that difference pointed out that difference pointed out that difference pointed out that differencepointed out that differencepointed out that difference pointed out that differences of views on legal issues of views on legal issues of views on legal issues of views on legal issues of views on legal issues of views on legal issues of views on legal issues of views on legal issues of views on legal issues of views on legal issues of views on legal issues have existed in practically every advisory proceeding ( have existed in practically every advisory proceeding ( have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding ( have existed in practically every advisory proceeding (have existed in practically every advisory proceeding ( have existed in practically every advisory proceeding ( have existed in practically every advisory proceeding ( have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding ( have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding ( have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding ( have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding ( have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (have existed in practically every advisory proceeding ( have existed in practically every advisory proceeding (have existed in practically every advisory proceeding (Legal Consequences of the Legal Consequences of the Legal Consequences of the Legal Consequences of the Legal Consequences of the Legal Consequences of the Legal Consequences of the Legal Consequences of the Legal Consequences of the Legal Consequences of the Legal Consequences of the Legal Consequences of the Construction of a Construction of a Construction of a Construction of a Wall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian Territory Wall in the Occupied Palestinian Territory Wall in the Occupied Palestinian Territory Wall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian Territory Wall in the Occupied Palestinian Territory Wall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian Territory Wall in the Occupied Palestinian Territory Wall in the Occupied Palestinian TerritoryWall in the Occupied Palestinian Territory Wall in the Occupied Palestinian Territory , Advisory Opinion, Advisory Opinion,Advisory Opinion, Advisory Opinion, Advisory Opinion, I.C.J. I.C.J. I.C.J. Reports Reports Reports 2004 , p. 7). ). ). This means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of his means that focusing only on the aspect of an issue an issue an issue an issue an issue an issue being an being an being an being an being an being an agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could agenda item of the General Assembly could lead to practically lead to practically lead to practically lead to practically lead to practically lead to practically lead to practically lead to practically lead to practically lead to practically lead to practically lead to practically lead to practically lead to practically eroding eroding eroding eroding the principle the principle the principle the principle the principle the principle of co of coof coof consent. There is a need to find There is a need to find There is a need to find There is a need to find There is a need to find There is a need to find There is a need to find There is a need to find There is a need to find There is a need to find There is a need to find the right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent right balance between the principle of consent and the and the and the and the advisory function of the Courtadvisory function of the Court advisory function of the Courtadvisory function of the Courtadvisory function of the Courtadvisory function of the Court advisory function of the Court advisory function of the Courtadvisory function of the Court advisory function of the Court advisory function of the Courtadvisory function of the Court advisory function of the Courtadvisory function of the Courtadvisory function of the Court . The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is The advisory function of the Court is not intended intended intended intended to provide legal solutions to provide legal solutions to provide legal solutions to provide legal solutions to provide legal solutions to provide legal solutions to provide legal solutions to provide legal solutions to provide legal solutions to provide legal solutions to provide legal solutions dispute dispute disputes between States without between States without between States without between States without between States without between States without between States without between States without between States without between States without the consent of consent of consent of consent of consent of either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary either party. Therefore, it is necessary in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings in the advisory proceedings to to carefullycarefullycarefully carefully carefully examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility examine the propriety of giving an advisory opinion when one sees possibility infringing upon infringing upon infringing upon infringing uponinfringing upon or circumventing or circumventingor circumventingor circumventing or circumventingor circumventing the principle of consent to judicial settleme the principle of consent to judicial settleme the principle of consent to judicial settlemethe principle of consent to judicial settleme the principle of consent to judicial settleme the principle of consent to judicial settleme the principle of consent to judicial settleme the principle of consent to judicial settlemethe principle of consent to judicial settleme the principle of consent to judicial settleme the principle of consent to judicial settleme nt. nt. nt. nt.
13. In this context n this context n this context n this contextn this context n this context, it is to be noted that it is to be noted that it is to be noted that it is to be noted that it is to be noted that it is to be noted that it is to be noted that it is to be noted that it is to be noted that the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” the Court has applied “compelling reasons” standard to the applicability of principle consent standard to the applicability of principle consent standard to the applicability of principle consent standard to the applicability of principle consent standard to the applicability of principle consentstandard to the applicability of principle consent standard to the applicability of principle consentstandard to the applicability of principle consentstandard to the applicability of principle consent standard to the applicability of principle consent standard to the applicability of principle consentstandard to the applicability of principle consentstandard to the applicability of principle consent standard to the applicability of principle consentstandard to the applicability of principle consent standard to the applicability of principle consentstandard to the applicability of principle consent standard to the applicability of principle consent standard to the applicability of principle consentstandard to the applicability of principle consentstandard to the applicability of principle consent standard to the applicability of principle consentstandard to the applicability of principle consentstandard to the applicability of principle consent standard to the applicability of principle consent: the he Court does not Court does not Court does not Court does not Court does not automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety automatically reach a conclusion of impropriety merely becausemerely becausemerely because merely becausemerely becausemerely becausemerely because merely becausemerely becausemerely because the element of a element of a element of a element of a element of a element of a element of a element of a bilateral dispute between interested States bilateral dispute between interested Statesbilateral dispute between interested States bilateral dispute between interested Statesbilateral dispute between interested States bilateral dispute between interested States bilateral dispute between interested States bilateral dispute between interested States bilateral dispute between interested States bilateral dispute between interested Statesbilateral dispute between interested States bilateral dispute between interested States bilateral dispute between interested Statesbilateral dispute between interested States bilateral dispute between interested States bilateral dispute between interested Statesbilateral dispute between interested States bilateral dispute between interested States existsexistsexists exists. Instead, the Court . Instead, the Court. Instead, the Court . Instead, the Court. Instead, the Court . Instead, the Court . Instead, the Court. Instead, the Court requireequire s strict scrutiny scrutiny scrutiny scrutiny into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal into why it is necessary to decline give an advisory opinion on a legal question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. question in which the United Nations has a legitimate interest. In otheIn othe In other words, r words, r words, there is there is there is there is a strong presumption a strong presumption a strong presumption a strong presumption a strong presumption a strong presumption a strong presumption a strong presumption a strong presumption in support of of the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. the power of Court to give an advisory opinion. Given Given the Court the Courtthe Court ’s strict s strict approach pproachpproach, careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what , careful examination is needed into what would constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where constitute a compelling reason in the case where exercise of the exercise of the exercise of the exercise of the exercise of the exercise of the exercise of the exercise of the advisory dvisory dvisory dvisory function function function of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations of the Court as an organ United Nations is likely to result in likely to result in likely to result in likely to result in likely to result in likely to result in likely to result in likely to result in likely to result in likely to result in substantially substantially substantially substantially substantially substantially substantially
6
deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without deciding a bilateral legal dispute without the consent of consent of consent of consent of consent of each party to party to party to party to party to the dispute the dispute the dispute . One . One . One needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the needs to more clearly define “a dispute of this kind” mentioned in the Status of the Status of the Status of the Status of the Status of the Eastern Carelia Eastern CareliaEastern Carelia Eastern Carelia (P.C.I.J.,P.C.I.J., P.C.I.J.,P.C.I.J.,P.C.I.J., P.C.I.J., 23 July 1923, 23 July 1923, 23 July 1923,23 July 1923, Series B Series B , No . 5, p. 28).
14. The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding The attempt on such definition is all the more significant, considering expanding roles and roles and roles and roles and responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. responsibilities of international organizations including the United Nations. It could contribute to removing any uncertaintyIt could contribute to removing any uncertainty It could contribute to removing any uncertaintyIt could contribute to removing any uncertainty It could contribute to removing any uncertaintyIt could contribute to removing any uncertainty It could contribute to removing any uncertaintyIt could contribute to removing any uncertaintyIt could contribute to removing any uncertainty It could contribute to removing any uncertainty It could contribute to removing any uncertainty It could contribute to removing any uncertainty It could contribute to removing any uncertaintyIt could contribute to removing any uncertaintyIt could contribute to removing any uncertaintyIt could contribute to removing any uncertaintyIt could contribute to removing any uncertaintyIt could contribute to removing any uncertainty It could contribute to removing any uncertaintyIt could contribute to removing any uncertainty It could contribute to removing any uncertainty It could contribute to removing any uncertainty or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about or concerns States might have about the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their the advisory role of Court, thereby strengthening their confidenceconfidence confidence confidence confidence in the system in the system in the systemin the systemin the system of of intern internintern ational law in which the Court plays a central part.ational law in which the Court plays a central part. ational law in which the Court plays a central part. ational law in which the Court plays a central part. ational law in which the Court plays a central part.ational law in which the Court plays a central part. ational law in which the Court plays a central part. ational law in which the Court plays a central part.ational law in which the Court plays a central part. ational law in which the Court plays a central part.ational law in which the Court plays a central part.ational law in which the Court plays a central part. ational law in which the Court plays a central part.ational law in which the Court plays a central part. ational law in which the Court plays a central part.
III. SOME OME OME OME CRITERIA FOR RITERIA FOR RITERIA FOR RITERIA FOR RITERIA FOR RITERIA FOR RITERIA FOR “C OMPELLING OMPELLING OMPELLING OMPELLING OMPELLING OMPELLING OMPELLING OMPELLING OMPELLING REASONSEASONS EASONSEASONS ” IN IN LIGHT OF THE IGHT OF THE IGHT OF THE IGHT OF THE IGHT OF THE IGHT OF THE IGHT OF THE IGHT OF THE IGHT OF THE IGHT OF THE IGHT OF THE IGHT OF THE PRINCIPLE OF RINCIPLE OF RINCIPLE OF RINCIPLE OF RINCIPLE OF RINCIPLE OF RINCIPLE OF RINCIPLE OF CONSENTONSENT ONSENT
15. In dealing with the request In dealing with the request In dealing with the request In dealing with the request In dealing with the request In dealing with the request In dealing with the request In dealing with the request In dealing with the request In dealing with the request In dealing with the request In dealing with the request for an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are an advisory opinion on legal questions that are related related related related related to a legal legal legal legal dispute dispute between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, between States and, at the same time, constitute constitute constitute constitute an agenda an agenda an agenda an agenda an agenda an agenda an agenda an agenda item of item of item of item of item of the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the United Nations, one can think of some criteria for the determination of the determination of the determination of the determination of the determination of the determination of the determination of the determination of the existence of existence of existence of existence of existence of existence of existence of existence of existence of “compelling reasoncompelling reason compelling reasoncompelling reason compelling reason compelling reason compelling reasoncompelling reason s” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria ” to decline give an advisory opinion. The criteria that will be discusse that will be discusse that will be discussethat will be discusse that will be discussethat will be discusse d in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practical d in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practicald in the following paragraphs should be regarded as practical examplesexamplesexamplesexamples examplesexamples to be considered in each specific case. to be considered in each specific case. to be considered in each specific case. to be considered in each specific case. to be considered in each specific case. to be considered in each specific case. to be considered in each specific case. to be considered in each specific case. to be considered in each specific case. to be considered in each specific case. to be considered in each specific case. to be considered in each specific case. to be considered in each specific case.
a. Object of the bject of the bject of the bject of the bject of the bject of the bject of the bject of the Request equest equest equest equest
16. First , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a , if it is the case that object of request itself to decide or resolve a dispute between dispute between dispute between dispute between dispute between dispute between States later onStates later on States later on States later on States later on States later on the basis of opinion Court the basis of opinion Court the basis of opinion Court the basis of opinion Courtthe basis of the opinion Court the basis of opinion Courtthe basis of the opinion Court the basis of opinion Court the basis of opinion Court the basis of opinion Court the basis of opinion Courtthe basis of the opinion Court the basis of opinion Courtthe basis of the opinion Court without without the the mutual consent of the parties mutual consent of the parties mutual consent of the parties mutual consent of the partiesmutual consent of the parties mutual consent of the parties mutual consent of the parties mutual consent of the partiesmutual consent of the parties mutual consent of the partiesmutual consent of the partiesmutual consent of the parties , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline , it would constitute a compelling reason to decline give an advisory opinion requested. give an advisory opinion requested. give an advisory opinion requested. give an advisory opinion requested. give an advisory opinion requested. give an advisory opinion requested. give an advisory opinion requested. give an advisory opinion requested. give an advisory opinion requested. give an advisory opinion requested. give an advisory opinion requested. give an advisory opinion requested. give an advisory opinion requested. give an advisory opinion requested. Judge Judge Judge Judge Rosalyn Rosalyn Rosalyn Rosalyn Rosalyn Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her Higgins indicated this point in her separate opinion separate opinion separate opinion separate opinion separate opinion separate opinion separate opinion separate opinion on the Legal ConsLegal ConsLegal Cons Legal ConsLegal Cons equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in equences of the Construction a Wall in Occupied Palestinian Territory Occupied Palestinian TerritoryOccupied Palestinian Territory Occupied Palestinian Territory Occupied Palestinian Territory Occupied Palestinian Territory Occupied Palestinian TerritoryOccupied Palestinian TerritoryOccupied Palestinian Territory Occupied Palestinian Territory (Advisory Opinion, Advisory Opinion, Advisory Opinion, Advisory Opinion, I.C.J. Reports 2004 I.C.J. Reports 2004 I.C.J. Reports 2004 I.C.J. Reports 2004 I.C.J. Reports 2004 I.C.J. Reports 2004 , p. , p. , p. 210 ). The ). The ). The General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the General Assembly would understandably formulate a question to be submitted the Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid Court in a way that could avoid the the possible criticism that it is seeking possible criticism that it is seeking possible criticism that it is seeking possible criticism that it is seeking possible criticism that it is seeking possible criticism that it is seeking possible criticism that it is seeking possible criticism that it is seeking possible criticism that it is seeking possible criticism that it is seeking possible criticism that it is seeking possible criticism that it is seeking an advisory advisory advisory advisory advisory opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States, opinion of the Court to decide or resolve a bilateral dispute between Member States,
7
but the genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course genuine intent or object of the request can be identified in course written or oral proceedings, by res written or oral proceedings, by res written or oral proceedings, by res written or oral proceedings, by res written or oral proceedings, by reswritten or oral proceedings, by reswritten or oral proceedings, by res written or oral proceedings, by res written or oral proceedings, by reswritten or oral proceedings, by res written or oral proceedings, by reswritten or oral proceedings, by reswritten or oral proceedings, by res written or oral proceedings, by res written or oral proceedings, by res written or oral proceedings, by reswritten or oral proceedings, by res written or oral proceedings, by reswritten or oral proceedings, by reswritten or oral proceedings, by reswritten or oral proceedings, by res written or oral proceedings, by resort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or ort to examination into some other aspects or circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is circumstances of relevant discussion at the General Assembly. When it is reasonably reasonably reasonably reasonably reasonably reasonably established that established that established that established that the majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically majority of the General Assembly intends to practically impose impose a judicial resolution to the dispute in qu judicial resolution to the dispute in qujudicial resolution to the dispute in qu judicial resolution to the dispute in qu judicial resolution to the dispute in qu judicial resolution to the dispute in qu judicial resolution to the dispute in qu judicial resolution to the dispute in qu judicial resolution to the dispute in qu judicial resolution to the dispute in qu judicial resolution to the dispute in qu judicial resolution to the dispute in qu estionestion estion , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a , then the Court would be able to find a compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. compelling reason to decline give an advisory opinion. This criterion could be This criterion could be This criterion could be This criterion could be This criterion could be This criterion could be This criterion could be This criterion could be This criterion could be more more relevantrelevantrelevant relevant whe n one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that one of the States directly involved has made it clear that refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or refuses to bring the dispute Court or an other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a other judicial body, in the form of a declaration under the declaration under the declaration under the declaration under the declaration under the declaration under the declaration under the declaration under the StatuStatu Statu te of the Court or other of the Court or other of the Court or other of the Court or other applicableapplicable applicableapplicableapplicable treat treattreaties .
b. Subject Subject Subject Subject Subject Subject Matter of a atter of a atter of a atter of a atter of a atter of a Case before ase before ase before ase before ase before ase before ase before ase before an an International nternational nternational nternational nternational nternational nternational Adjudicative djudicative djudicative djudicative Body ody
17. Secondly SecondlySecondly , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion , a compelling reason to decline give an advisory opinion may exist may exist may exist may exist may exist may exist may exist when when when the question the question the question the question placed before placed beforeplaced before placed before placed before placed beforeplaced before the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a the Court is practically identical to subject matter of a past or current past or current past or current past or current past or current past or current past or current past or current contentious contentious contentious case case case case presented before an presented before anpresented before an presented before an presented before anpresented before an presented before an presented before an presented before anpresented before anpresented before anpresented before an international adjudicative body international adjudicative bodyinternational adjudicative body international adjudicative body international adjudicative body international adjudicative body international adjudicative bodyinternational adjudicative body international adjudicative bodyinternational adjudicative bodyinternational adjudicative body international adjudicative body international adjudicative bodyinternational adjudicative body international adjudicative body including including courts of courts of courts of arbitrationarbitration arbitrationarbitration arbitration .
18. When an internationalWhen an international When an international When an internationalWhen an international When an international When an internationalWhen an international When an international When an international When an international tribunal tribunal tribunal ha s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to s already decided a dispute in one way or another to the dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party dissatisfaction of one party, that party wouldwould be be ableable to use the advisory to use the advisory to use the advisory to use the advisory to use the advisory to use the advisory to use the advisory to use the advisory to use the advisory to use the advisory proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the proceedings to appeal or revise the tribunal tribunal’s decision if th decision if thdecision if th decision if th decision if th decision if th at party party party party or other interested or other interested or other interested or other interested or other interested or other interested or other interested or other interested or other interested States States States succeeded in succeeded in succeeded in succeeded in succeeded in succeeded in succeeded in having the General Assembly having the General Assembly having the General Assembly having the General Assembly having the General Assembly having the General Assembly having the General Assembly having the General Assembly having the General Assembly having the General Assembly having the General Assembly having the General Assembly having the General Assembly having the General Assembly request request requestrequest the Court to the Court to the Court to the Court to give an give an give an give an advisory opinion on advisory opinion on advisory opinion on advisory opinion on advisory opinion on advisory opinion on advisory opinion on advisory opinion on essentially essentially essentially essentially essentially essentially essentially essentially the same subject matter same subject matter same subject matter same subject mattersame subject mattersame subject matter same subject matter . This kind of attempt at . This kind of attempt at . This kind of attempt at . This kind of attempt at . This kind of attempt at . This kind of attempt at . This kind of attempt at . This kind of attempt at . This kind of attempt at . This kind of attempt at . This kind of attempt at . This kind of attempt at . This kind of attempt at appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the appeal or revision clearly constitutes an infringement circumvention of the principle of consent to judicial settle principle of consent to judicial settle principle of consent to judicial settle principle of consent to judicial settleprinciple of consent to judicial settleprinciple of consent to judicial settle principle of consent to judicial settle principle of consent to judicial settle principle of consent to judicial settle principle of consent to judicial settleprinciple of consent to judicial settle principle of consent to judicial settle principle of consent to judicial settle principle of consent to judicial settle ment , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling , which would most likely be a compelling reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This reason not to give an advisory opinion. This alsoalsoalso runs againstagainstagainstagainst the principle of the principle of the principle of the principle of the principle of the principle of the principle of the principle of res res res res judicata judicatajudicata . .
19. One might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: ne might argue that judicial settlement is distinguished from advisory proceedings: the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued the former involves States as parties to proceedings, whereas latter is pursued by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This by international organs such as the General Assembly and Security Council. This formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when formalistic distinction, however, is irrelevant when what actually takes place is what actually takes place is what actually takes place is what actually takes place is what actually takes place is what actually takes place is what actually takes place is what actually takes place is what actually takes place is what actually takes place is what actually takes place is what actually takes place is what actually takes place is what actually takes place is what actually takes place is what actually takes place is an attempt at revision or appeal of judicially decidedattempt at revision or appeal of judicially decided attempt at revision or appeal of judicially decidedattempt at revision or appeal of judicially decided attempt at revision or appeal of judicially decided attempt at revision or appeal of judicially decided attempt at revision or appeal of judicially decided attempt at revision or appeal of judicially decided attempt at revision or appeal of judicially decided attempt at revision or appeal of judicially decided attempt at revision or appeal of judicially decidedattempt at revision or appeal of judicially decidedattempt at revision or appeal of judicially decided attempt at revision or appeal of judicially decidedattempt at revision or appeal of judicially decided attempt at revision or appeal of judicially decidedattempt at revision or appeal of judicially decided attempt at revision or appeal of judicially decidedattempt at revision or appeal of judicially decided attempt at revision or appeal of judicially decidedattempt at revision or appeal of judicially decided cases. We are dealing with cases. We are dealing with cases. We are dealing with cases. We are dealing with cases. We are dealing with cases. We are dealing with cases. We are dealing with cases. We are dealing with cases. We are dealing with cases. We are dealing with cases. We are dealing with cases. We are dealing with cases. We are dealing with issues of issues of issues of discretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them terdiscretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them ter discretion and propriety in this connection, one needs to approach them ter ms
8
of of substantive substantivesubstantive substantive and practical effects, rather than of formalistic distinction.and practical effects, rather than of formalistic distinction. and practical effects, rather than of formalistic distinction.and practical effects, rather than of formalistic distinction.and practical effects, rather than of formalistic distinction. and practical effects, rather than of formalistic distinction.and practical effects, rather than of formalistic distinction.and practical effects, rather than of formalistic distinction. and practical effects, rather than of formalistic distinction. and practical effects, rather than of formalistic distinction.and practical effects, rather than of formalistic distinction. and practical effects, rather than of formalistic distinction. and practical effects, rather than of formalistic distinction. and practical effects, rather than of formalistic distinction.and practical effects, rather than of formalistic distinction. and practical effects, rather than of formalistic distinction. and practical effects, rather than of formalistic distinction. and practical effects, rather than of formalistic distinction. and practical effects, rather than of formalistic distinction.and practical effects, rather than of formalistic distinction. and practical effects, rather than of formalistic distinction.
20. Even when Even when Even when Even when a case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international case is dismissed for lack of jurisdiction the relevant international court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion court, without any decision made on substantive issues, pursuing an advisory opinion on th e same subject matter from the Court e same subject matter from the Court e same subject matter from the Court e same subject matter from the Court e same subject matter from the Court e same subject matter from the Court e same subject matter from the Court e same subject matter from the Court e same subject matter from the Court e same subject matter from the Court e same subject matter from the Court e same subject matter from the Court would be would be an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings an abuse of advisory proceedings and an attempt to circumvent and an attempt to circumvent and an attempt to circumvent and an attempt to circumvent and an attempt to circumvent and an attempt to circumvent and an attempt to circumvent and an attempt to circumvent and an attempt to circumvent and an attempt to circumvent and an attempt to circumvent and an attempt to circumvent and an attempt to circumvent the principle of consent the principle of consent the principle of consent the principle of consent the principle of consentthe principle of consentthe principle of consent the principle of consent. The Court would be required The Court would be required The Court would be required The Court would be required The Court would be required The Court would be required The Court would be required The Court would be required The Court would be required The Court would be required The Court would be required to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity to decline give an advisory opinion in such a case order preserve the integrity of th of thof th e international judicial system. e international judicial system. e international judicial system. e international judicial system. e international judicial system. e international judicial system. e international judicial system. e international judicial system. e international judicial system. e international judicial system. e international judicial system. e international judicial system. e international judicial system. e international judicial system. From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General From a certain point of view, the General Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess Assembly and the Security Council might be said to possess prima facie prima facie discretion to discretion to discretion to discretion to discretion to discretion to “take advantage take advantagetake advantagetake advantage take advantagetake advantage take advantagetake advantage” of advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to requestof advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to request of advisory proceedings since they are allowed to request an an advisory opinion onadvisory opinion on advisory opinion onadvisory opinion onadvisory opinion onadvisory opinion on advisory opinion on advisory opinion on “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given “any” legal question. The Court, on the other hand, is given certain discretion to object such certain discretion to object such certain discretion to object such certain discretion to object such certain discretion to object such certain discretion to object such certain discretion to object such certain discretion to object such certain discretion to object such certain discretion to object such certain discretion to object such certain discretion to object such certain discretion to object such a practice practicepracticepractice practicepractice, and , and , and , and is thus able toable to able to exerciseexerciseexerciseexercise exercise its discretion discretiondiscretion discretion when when necessary. necessary. necessary. necessary. necessary. necessary. necessary. necessary.
21. In the case of an ongoing dispute before anIn the case of an ongoing dispute before In the case of an ongoing dispute before In the case of an ongoing dispute before anIn the case of an ongoing dispute before anIn the case of an ongoing dispute before In the case of an ongoing dispute before anIn the case of an ongoing dispute before In the case of an ongoing dispute before anIn the case of an ongoing dispute before anIn the case of an ongoing dispute before In the case of an ongoing dispute before In the case of an ongoing dispute before anIn the case of an ongoing dispute before In the case of an ongoing dispute before anIn the case of an ongoing dispute before In the case of an ongoing dispute before In the case of an ongoing dispute before In the case of an ongoing dispute before In the case of an ongoing dispute before In the case of an ongoing dispute before anIn the case of an ongoing dispute before anIn the case of an ongoing dispute before another other internationa internationainternationa internationa internationa l adjudicative body, the l adjudicative body, the l adjudicative body, the l adjudicative body, the l adjudicative body, the l adjudicative body, the l adjudicative body, the l adjudicative body, the l adjudicative body, the l adjudicative body, the l adjudicative body, the l adjudicative body, the l adjudicative body, the parties parties would have would have would have already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such already chosen to pursue such judicial settlement based on the judicial settlement based on the judicial settlement based on the judicial settlement based on the judicial settlement based on the judicial settlement based on the judicial settlement based on the judicial settlement based on the judicial settlement based on the judicial settlement based on the judicial settlement based on the judicial settlement based on the principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory principle of consent. Therefore, intervention by the Court in form an advisory opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of opinion would not help advance the cause of the harmonious development of harmonious development of harmonious development of harmonious development of harmonious development of harmonious development of harmonious development of harmonious development of harmonious development of international dispute settlement. international dispute settlement. international dispute settlement. international dispute settlement. international dispute settlement. international dispute settlement. international dispute settlement. international dispute settlement. international dispute settlement. international dispute settlement. international dispute settlement.
22. From a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided rom a policy point of view, apart from legal rationales, allowing an already decided case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without case to be reopened by the Court without the consent of consent of consent of consent of consent of each party in party in party inparty inparty in the form of the form of the form of the form of advisory proceedings would advisory proceedings would advisory proceedings would advisory proceedings would advisory proceedings would advisory proceedings would advisory proceedings would advisory proceedings would advisory proceedings would advisory proceedings would advisory proceedings would advisory proceedings would advisory proceedings would advisory proceedings would bring about more harm than bring about more harm than bring about more harm than bring about more harm than bring about more harm than bring about more harm than bring about more harm than bring about more harm than bring about more harm than bring about more harm than bring about more harm than expected benefitexpected benefitexpected benefit expected benefitexpected benefit expected benefitexpected benefitexpected benefitexpected benefitexpected benefit to the to the to the overall overall overall overall confidenceconfidence confidenceconfidenceconfidence in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when in the international judicial system. This is case even when such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute such an advisory opinion is most likely to contribute substantially substantially substantially substantially substantially substantially substantially to the actual to the actual to the actual to the actual to the actual to the actual resolution resolution resolution of an international dispute of an international dispute of an international dispute of an international dispute of an international dispute of an international dispute of an international dispute of an international dispute of an international dispute of an international dispute of an international dispute of an international dispute and and the development of international law development of international lawdevelopment of international lawdevelopment of international law development of international lawdevelopment of international law development of international lawdevelopment of international law development of international law development of international law development of international law development of international lawdevelopment of international law as wellas well as wellas well . The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such The most desirable approach that the General Assembly could take under such circumstances is to promotecircumstances is to promote circumstances is to promote circumstances is to promotecircumstances is to promote circumstances is to promotecircumstances is to promote circumstances is to promote circumstances is to promote circumstances is to promote circumstances is to promote circumstances is to promote the resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and resolution of a dispute through negotiations and compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court compromise instead of imposing a responsibility legal resolution upon the Court through the request f through the request f through the request f through the request f through the request f through the request f through the request for an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of an advisory opinion without consent of each party. party. party. It would It would It would It would not be a good idea for the General Asse not be a good idea for the General Asse not be a good idea for the General Assenot be a good idea for the General Assenot be a good idea for the General Assenot be a good idea for the General Assenot be a good idea for the General Asse not be a good idea for the General Asse not be a good idea for the General Assenot be a good idea for the General Asse not be a good idea for the General Assenot be a good idea for the General Asse not be a good idea for the General Asse not be a good idea for the General Asse not be a good idea for the General Assenot be a good idea for the General Assenot be a good idea for the General Asse not be a good idea for the General Asse mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction mbly to step forward make the jurisdiction of the Court available for of the Court available for of the Court available for of the Court available for of the Court available forof the Court available for of the Court available for a dispute based on the will of dispute based on the will of dispute based on the will of dispute based on the will of dispute based on the will of dispute based on the will of only only only one party to it. one party to it. one party to it. one party to it. one party to it. one party to it. one party to it. one party to it.
9
c. Inherent Inherent Inherent Inherent Inherent Inherent Inherent Judicial udicial udicial Function of unction of unction of unction of unction of unction of Courts on ourts on ourts on Exclusive xclusive xclusive xclusive xclusive Rights ights
23. ThirdlyThirdly Thirdly , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when , a compelling reason can be said to exist when answering answering answering answering a legal question legal question legal question legal question legal question legal question legal question legal question asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of asked rests on the inherent judicial function of courtscourts to confirm and identify to confirm and identify to confirm and identify to confirm and identify to confirm and identify to confirm and identify to confirm and identify to confirm and identify to confirm and identify exclusive rights exclusive rights exclusive rights exclusive rights exclusive rights exclusive rights exclusive rights exclusive rights in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as in a contentious setting, such as territorial sovereigntyterritorial sovereigntyterritorial sovereignty territorial sovereignty territorial sovereignty territorial sovereignty territorial sovereignty territorial sovereigntyterritorial sovereigntyterritorial sovereigntyterritorial sovereignty territorial sovereignty over over over a certain certain certain certain certain piece of land piece of landpiece of land piece of land piece of land ; marit marit ime or territorial delimitation ime or territorial delimitationime or territorial delimitation ime or territorial delimitation ime or territorial delimitation ime or territorial delimitation ime or territorial delimitation ime or territorial delimitation ime or territorial delimitation ime or territorial delimitation ime or territorial delimitation , or the ownership ownership ownership of certain valuable of certain valuable of certain valuable of certain valuable of certain valuable of certain valuable of certain valuable objects objects such as such assuch as artifacts and historic relics. artifacts and historic relics. artifacts and historic relics. artifacts and historic relics. artifacts and historic relics. artifacts and historic relics. artifacts and historic relics. artifacts and historic relics. artifacts and historic relics. artifacts and historic relics. artifacts and historic relics. artifacts and historic relics. artifacts and historic relics. This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function This is not to say that the judicial function of courts of courts of courts of courts of courts is limited to the above limited to the above limited to the above limited to the above limited to the abovelimited to the above limited to the abovelimited to the abovelimited to the above limited to the above subject matters subject matterssubject matterssubject matters subject matters subject matters, since the scope of , since the scope of , since the scope of , since the scope of , since the scope of , since the scope of , since the scope of , since the scope of , since the scope of , since the scope of , since the scope of , since the scope of the the the judicial judicial judicial function of courts encompass function of courts encompass function of courts encompass function of courts encompass function of courts encompassfunction of courts encompassfunction of courts encompass function of courts encompassfunction of courts encompass function of courts encompassfunction of courts encompass es , among other things, , among other things,, among other things, , among other things,, among other things,, among other things, , among other things,, among other things, , among other things, , among other things, issues o issues o issues o issues of human rights and f human rights and f human rights and f human rights and f human rights and f human rights and environmental rights.environmental rights. environmental rights. environmental rights.environmental rights.
24. It It is difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but difficult to define the “inherent judicial function of courts”, but one can at least can at least can at least can at least can at least can at least can at least say that th say that thsay that thsay that th say that th e issues e issues e issues e issues e issues referred to above referred to above referred to above referred to above referred to above referred to above referred to above referred to above referred to above (territorial sovereignty territorial sovereignty territorial sovereignty territorial sovereignty territorial sovereigntyterritorial sovereigntyterritorial sovereigntyterritorial sovereignty territorial sovereignty, delimitation, ownership , delimitation, ownership , delimitation, ownership , delimitation, ownership , delimitation, ownership , delimitation, ownership , delimitation, ownership of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body of objects, etc.) are unsuitable to be determined by a majority vote at political body such as the General Assembly. such as the General Assembly. such as the General Assembly. such as the General Assembly. such as the General Assembly. such as the General Assembly. such as the General Assembly. such as the General Assembly. such as the General Assembly. such as the General Assembly. such as the General Assembly. such as the General Assembly. such as the General Assembly. such as the General Assembly. An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point An advisory opinion directly related to the main point of a dispute that kind would be substantially equival of a dispute that kind would be substantially equivalof a dispute of that kind would be substantially equivalof a dispute of that kind would be substantially equivalof a dispute of that kind would be substantially equival of a dispute that kind would be substantially equival of a dispute that kind would be substantially equival of a dispute that kind would be substantially equivalof a dispute of that kind would be substantially equival of a dispute that kind would be substantially equival of a dispute that kind would be substantially equival of a dispute that kind would be substantially equival of a dispute that kind would be substantially equivalof a dispute of that kind would be substantially equival of a dispute that kind would be substantially equivalof a dispute of that kind would be substantially equival of a dispute that kind would be substantially equivalof a dispute of that kind would be substantially equival of a dispute that kind would be substantially equivalof a dispute of that kind would be substantially equivalof a dispute of that kind would be substantially equivalof a dispute of that kind would be substantially equival ent to deciding the dispute ent to deciding the dispute ent to deciding the dispute ent to deciding the dispute ent to deciding the dispute ent to deciding the dispute ent to deciding the dispute ent to deciding the dispute ent to deciding the dispute ent to deciding the dispute ent to deciding the dispute ent to deciding the dispute between the parties. between the parties. between the parties. between the parties. between the parties. between the parties. between the parties. between the parties. Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an Therefore, there is a compelling reason to decline give an advisory opinion if the request advisory opinion if the request advisory opinion if the request advisory opinion if the request advisory opinion if the request advisory opinion if the request advisory opinion if the request advisory opinion if the request advisory opinion if the request advisory opinion if the request advisory opinion if the request advisory opinion if the request for the opinion the opinion the opinion is to resolve issues of such to resolve issues of such to resolve issues of such to resolve issues of such to resolve issues of such to resolve issues of such to resolve issues of such to resolve issues of such to resolve issues of such judicial judicialjudicial judicial nature nature without without the mutual consent mutual consent mutual consent mutual consentmutual consent mutual consent of the parties of the partiesof the parties of the partiesof the partiesof the parties of the parties of the parties , even if t , even if t, even if t , even if t , even if t , even if there here here here areare aspects of aspects of aspects of aspects of aspects of international peace and security international peace and security international peace and security international peace and security international peace and security international peace and security international peace and security international peace and security international peace and security international peace and security international peace and security international peace and security international peace and security international peace and security international peace and security international peace and security related related related related to the legal question legal questionlegal questionlegal question legal question posed .
d. Concluding Concluding Concluding Concluding Remarks: emarks: emarks: emarks: emarks: Fluctuation of luctuation of luctuation of luctuation of luctuation of Discretionary iscretionary iscretionary iscretionary iscretionary iscretionary Power owerower
25. So far o far o far, the different different different different different types types types types types of compelling reasons of compelling reasonsof compelling reasonsof compelling reasons of compelling reasonsof compelling reasons of compelling reasons of compelling reasonsof compelling reasonsof compelling reasonsof compelling reasonsof compelling reasons of compelling reasons have been discussed have been discussed have been discussedhave been discussed have been discussedhave been discussed have been discussed have been discussed which which couldcould prompt the prompt the prompt the prompt the Court to decline ourt to decline ourt to decline ourt to decline ourt to decline ourt to decline ourt to decline to give to giveto give an advisory opinionan advisory opinionan advisory opinionan advisory opinionan advisory opinion an advisory opinionan advisory opinionan advisory opinionan advisory opinion an advisory opinion an advisory opinion . Th . Th ese typesese types ese typesese typesese typesese types ese types are are are presented as presented as presented as presented as presented as presented as presented as presented as a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, a practical guide to help preserve the integrity of international judicial system, based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to based on realistic considerations for striking a proper balance between the need to provide provide nec necessary essary essary essary legal advice legal advice legal advice legal advice legal advice legal advice legal advice legal advice in support of in support of in support of the activities of United Nations and the activities of United Nations and the activities of United Nations and the activities of United Nations and the activities of United Nations and the activities of United Nations and the activities of United Nations and the activities of United Nations and the activities of United Nations and the activities of United Nations and the activities of United Nations and the activities of United Nations and the activities of United Nations and the activities of United Nations and the activities of United Nations and the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body the judicial function of Court as an adjudicative body subject to subject tosubject tosubject to subject to consensual consensual consensual consensual jurisdiction. jurisdiction. jurisdiction. jurisdiction. jurisdiction.
26. As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same As has already been suggested, many legal disputes between States are at the same
10
time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an time political agenda items of the United Nations. Hence, propriety giving an advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on advisory opinion depends to a large degree on the specific contents and contexts specific contents and contexts specific contents and contextsspecific contents and contexts specific contents and contextsspecific contents and contexts specific contents and contextsspecific contents and contexts specific contents and contextsspecific contents and contexts specific contents and contexts of of the question posed to the Court question posed to the Court question posed to the Court question posed to the Court question posed to the Courtquestion posed to the Court question posed to the Court question posed to the Courtquestion posed to the Courtquestion posed to the Courtquestion posed to the Court . In other words, . In other words, . In other words, . In other words, . In other words, . In other words, . In other words, . In other words, . In other words, the powers of the Court to give an powers of the Court to give an powers of the Court to give an powers of the Court to give an powers of the Court to give an powers of the Court to give an powers of the Court to give an powers of the Court to give an powers of the Court to give an powers of the Court to give an powers of the Court to give an powers of the Court to give an powers of the Court to give an powers of the Court to give an advadv isory opinion vary isory opinion vary isory opinion vary isory opinion vary isory opinion vary isory opinion vary isory opinion vary isory opinion vary isory opinion vary and fluctuate and fluctuate and fluctuate and fluctuate and fluctuate and fluctuate according according according according according according according to the nature of each request the nature of each request the nature of each request the nature of each requestthe nature of each request the nature of each requestthe nature of each requestthe nature of each requestthe nature of each requestthe nature of each request the nature of each request the nature of each request the nature of each requestthe nature of each request . When the . When the . When the . When the . When the Court deals with situations Court deals with situations Court deals with situations Court deals with situations Court deals with situations Court deals with situations Court deals with situations Court deals with situations Court deals with situations Court deals with situations falling within falling within falling within falling withinfalling within falling within one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its one of the three cases discussed above, its discretionary power is at its discretionary power is at itsdiscretionary power is at its discretionary power is at its discretionary power is at itsdiscretionary power is at itsdiscretionary power is at its discretionary power is at itsdiscretionary power is at its discretionary power is at its discretionary power is at its discretionary power is at its lowest ebb lowest ebb .
IV. CONCLUSION ONCLUSION ONCLUSION ONCLUSION ONCLUSION
27. The Republic of Korea will The Republic of Korea will The Republic of Korea will The Republic of Korea will The Republic of Korea will The Republic of Korea will The Republic of Korea will The Republic of Korea will The Republic of Korea will The Republic of Korea will The Republic of Korea will The Republic of Korea will The Republic of Korea will The Republic of Korea will The Republic of Korea will refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the refrain from analyzing substantive elements of the dispute dispute between the two parties in this case between the two parties in this case between the two parties in this casebetween the two parties in this case between the two parties in this case between the two parties in this case between the two parties in this case between the two parties in this case between the two parties in this case between the two parties in this case between the two parties in this casebetween the two parties in this casebetween the two parties in this casebetween the two parties in this casebetween the two parties in this case , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether , and therefore from opining on whether any of the three criteria any of the three criteria any of the three criteria any of the three criteria any of the three criteria any of the three criteria any of the three criteria any of the three criteria any of the three criteria any of the three criteria any of the three criteria any of the three criteria any of the three criteria any of the three criteria any of the three criteria suggested suggestedsuggested above above above above is applicable. applicable. applicable. applicable. applicable. WhatWhat What the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea the Republic of Korea would like to stress would like to stress would like to stress would like to stresswould like to stress would like to stress would like to stress is that it is po that it is pothat it is po that it is po that it is pothat it is po that it is po ssible and necessary to consider th ssible and necessary to consider th ssible and necessary to consider thssible and necessary to consider th ssible and necessary to consider th ssible and necessary to consider thssible and necessary to consider thssible and necessary to consider th ssible and necessary to consider thssible and necessary to consider thssible and necessary to consider thssible and necessary to consider thssible and necessary to consider th ssible and necessary to consider thssible and necessary to consider th ssible and necessary to consider th ssible and necessary to consider th ssible and necessary to consider th ese criteria where se criteria where se criteria where se criteria where se criteria where se criteria where se criteria where se criteria where se criteria where se criteria where se criteria where the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of the request for an advisory opinion involves a legal dispute between States either of which refuses to consent judicial settlem which refuses to consent judicial settlem which refuses to consent judicial settlem which refuses to consent judicial settlemwhich refuses to consent judicial settlem which refuses to consent judicial settlem which refuses to consent judicial settlem which refuses to consent judicial settlem which refuses to consent judicial settlem which refuses to consent judicial settlemwhich refuses to consent judicial settlemen t.
28. The current request The current request The current request The current request The current request The current request The current request The current request The current request The current request provide provide s the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer the Court with an opportunity to present clearer guidelines on the issue of guidelines on the issue of guidelines on the issue of guidelines on the issue of guidelines on the issue of guidelines on the issue of guidelines on the issue of guidelines on the issue of guidelines on the issue of the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the propriety of giving an advisory opinion in terms the principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea principle of consent to judicial settlement. The Republic Korea hopes that hopes that hopes that hopes that the the CourtCourt will will use this opportunity this opportunity this opportunity this opportunity this opportunity to th e fullest in e fullest in e fullest in e fullest in e fullest in carefully carefully carefully carefully carefully carefully examinexaminexaminexamin examining the extent of its the extent of its the extent of its the extent of its the extent of its the extent of its the extent of its the extent of its the extent of its discretion permissible in this case. discretion permissible in this case. discretion permissible in this case. discretion permissible in this case. discretion permissible in this case. discretion permissible in this case. discretion permissible in this case. discretion permissible in this case. discretion permissible in this case. discretion permissible in this case. discretion permissible in this case.
Written Statement of the Republic of Korea