CYIL vol. 14 (2023)

PAVEL ŠTURMA CYIL 14 (2023) prohibition of the use of force and its exception, mainly on individual and collective self defence. Here, the role of the Court has been significant. More recently, the Court has been criticized for avoiding to address more controversial issues. He argues that this reluctance can be perceived as a strategic decision by the judges. The last two chapters address difficult issues of the potential contribution to the areas of international law that involve not only States but also other actors. In Chapter 21, Professor Jan Klabbers considers the contribution of the ICJ to the law of international organizations. He emphasizes the limited role of the Court in this field. The Court’s approach reflects the centrality of States in the international legal system. Finally, Professor Carlos Espósito deals with the ICJ and human rights. He argues that although the ICJ is not and will never be a specialized human rights court, a human rights role for the Court is desirable and possible. The “structural disengagement” in the sense that only States are allowed to litigate before the Court does not impede substantial incorporation of human rights in its case law. However, the Court has recognized global community values through the interpretation of treaties and mainstreaming human rights with general international law. Moreover, the Court has opened itself to a dialogue with other courts and human rights bodies with a view to establish the appropriate meaning of human rights provisions. All in all, the Companion fulfils “its ambition to explain and discuss all aspects of the ICJ’s law and practice in a handy volume”. It shows that the Court is a central, essential, and established institution for the peaceful settlement of international disputes and the advancement of the rule of law on the international level. It also contributes to clarification and development of international law. True, one can ask some questions and point to possible minor gaps. For example, the chapter fragmentation among the ICJ and other courts and tribunals only focuses on substantive law fragmentation in the meaning of different interpretations of certain rules of law by the ICJ and other courts and tribunals. It does not involve the question of competing jurisdiction. However, given the fact the ICJ is a court with both universal and general jurisdiction, the issue of the jurisdictional overlapping or concurrence would concern rather the other courts and tribunals. To conclude, the present Cambridge Companion will be an indispensable book for all academics and practitioners interested in the law and practice of the International Court of Justice. It can also be recommended to students of international law, in particular in specialized programmes, such as LL.M. on International Disputes Settlement.

Pavel Šturma*

* Prof. JUDr. Pavel Šturma, DrSc., is professor at the Department of International Law, Faculty of Law, Charles University in Prague, senior research fellow at the Institute of Law of the Czech Academy of Sciences, President of the Czech Society of International Law and former member and chair of the UN International Law Commission. He is a co-author of the textbook Public International Law and author of many publications on codification of international law, international criminal law, human rights and international investment law.

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