Enhancing ICJ Procedures in Order to Promote Fundamental Values

Abstract

By developing international law, international courts – ‘intermediate Global Public Goods (GPG)’ – can also contribute to the protection and promotion of final GPG. The International Court of Justice (ICJ), in particular, is capable of promoting GPG by adjudicating inter-state claims. However, one of the main obstacles faced by the World Court relates to the existing tension between the bilateral nature of its own proceedings and the multilateral nature of the conflicting substantive law. Considering that procedure may guide and shape the application of substantive law, it will be argued that it should itself be interpreted and developed in a manner to ensure community interests. This chapter argues that the Court should assume expanded procedural powers in order to ensure the effective application of substantive law whenever GPG are at issue. Most procedural rules can be adjusted and tailored for multiparty aspects with the aim of protecting community interests and enhancing the international court’s legitimacy.