An analysis of the International Court of Justice (ICJ) in contemporary international relations.

Abstract

The study investigates the challenges facing the ICJ in contemporary international relations. It can be noted that the effectiveness of the ICJ is critical for international relations in 21st century. The nature of the environment in which the ICJ operates is one that could be described as least advantageous and at times hostile. The major objective of the study sort to examine and establish whether the ICJ is not an effective or relevant court to adjudicate disputes in contemporary international relations, explore the effect of the contemporary international relations on the jurisdiction of the ICJ, investigate the effectiveness of the ICJ in contemporary international relations and to establish the challenges and problems faced by the ICJ in contemporary in international relations as well as to make recommendations for further research. This study shows that the ICJ is not effective or relevant in resolving contemporary international disputes considering complexities posed by non-state actors as they are also involved in International Legal Disputes with states. The research is based on qualitative research methods using non probability sampling method such as convenience sampling, quota and purposive sampling which allows selection of decided cases through the internet. Documentary research is used, in particular online books, decided cases and academic journals. The research finding shows that to renew the influence and effectiveness of the court, some critical reforms must address the process of elections of judges of ICJ, the issue of court’s non-compulsory jurisdiction and enforcement of ICJ judgments. The ICJ is not changing at the pace of international relations. The ICJ should be able to adjudicate disputes arising in the 21st century, like environmental protection, terrorism as these are global problems deserving attention from global court. This research argues that the ICJ is not effective to tackle contemporary international relations disputes if jurisdiction, judges’ bias and structure of the ICJ are not remedied while also offering recommendations for reform for a more efficient ICJ in contemporary international relations.