justiciability Reference library
Encyclopaedic Dictionary of International Law (3 ed.)
...by adjudication. The distinction between ‘legal’ and ‘political’ disputes, or ‘justiciable’ and ‘non-justiciable’ disputes, finds recognition and application in a number of treaties. Thus, e.g., the arbitration treaty between the United Kingdom and France of 1903 , renewed in 1923 ( 20 L.N.T.S. 185 ), excluded disputes which affect ‘the vital interests, the independence, or the honour of the two contracting parties’. Art. 36(2) of the I.C.J. Statute restricts the application of declarations under the Optional Clause to specified categories of...
justiciability
legal disputes
advisory Opinions
dispute Reference library
Encyclopaedic Dictionary of International Law (3 ed.)
...that some disputes are justiciable and others are non-justiciable, but ‘probably today most writers would regard it as depending upon the attitude of the parties: if, whatever the subject matter of the dispute may be, what the parties seek is their legal rights, the dispute is justiciable: if, on the other hand, one of them at least is not content to demand its legal rights, but demands the satisfaction of some interest of its own even though this may require a change in the existing legal situation, the dispute is non-justiciable’: Brierly, The Law of...
legal disputes Reference library
Encyclopaedic Dictionary of International Law (3 ed.)
...the category of controversies potentially within the compulsory jurisdiction of the Court as ‘all legal disputes’. As to ‘the question whether the term “legal” is in this context descriptive or qualifying’, see Lauterpacht , supra , Part 18 and the works there cited. See justiciability...
