Settlement of Disputes by the International Court of Justice: Two Souls in the Court’s Breast

This chapter considers whether the dispute settlement function of the International Court of Justice is to achieve ‘world order’ or to render ‘transactional justice’ between the parties. Does the Court, in the settlement of disputes, transcend the matter before it, with a view to developing the law, or does the Court confine itself to the transactional settlement of the dispute brought before it? Both modes are part of the Court’s dispute settlement function. But when the two come into conflict, which one prevails on the basis of representing the more fundamental value? On the one hand, the Court’s jurisdiction is based strictly on the consent of the parties before it: the Court may assume jurisdiction in relation to a State only when it has accepted the Court’s jurisdiction in a voluntary and indisputable manner. On the other hand, the Court is the principal judicial organ of the United Nations: given that it is not just an organ—but the organ—of international law, it has a particular role in ensuring its integrity. From the Court’s very first judgment, the Court has inclined towards world order rather than transactional justice. It has done so for the right reasons.