CaPE · The International Court of Justice and the Preservation of Peace in the 21st Century: Global Governance in Action
Horizon 2020 — Marie Skłodowska-Curie Actions
- Duration
- 2016-09-01 → 2018-08-31
- EU contribution
- €212,195
- Participants
- 1
- Scheme
- MSCA-IF-EF-ST
Lines connect the coordinator with its partners.
Results in brief
The International Court of Justice and the Preservation of Peace in the 21st Century: Global Governance in Action
CaPE addresses the role of the International Court of Justice (ICJ) in the cause of peace and its contribution to governance. As the principal judicial organ of the United Nations, the ICJ fulfills two main tasks: resolving legal disputes between States and adopting advisory opinions on the interpretation of international law. CaPE proves that the ICJ does something more:. as the main purpose of the United Nations is the preservation of international peace and security, the Court selects the interpretation of international law which is more conducive to the achievement of the goals of the UN. The Court considers the wider implications of its decisions for the future and takes into account the potential response of the parties and the world public opinion. The ICJ stepped out of the constraints of legal formalism, and focuses on constructing international law so as to advance peace, security, and good governance. My project is important for society, because it has the ambition of bringing the society closer to the Court. First, the ICJ is not a ‘regular’ Court deciding routine disputes, but it is the World Court. Awareness of its functions and performance is necessary for decision-makers and the public at large. Second, my analysis takes a forward-looking perspective and indicates the future possibilities of the Court’s action. Third, by exploring the geopolitical and policy-related dimensions of the Court’s jurisprudence, my analysis is also an invitation to the mass media to reflect more and be more attentive to the signals given by the Court. Fourth, CaPE raises the profile of a core institution of the international community in an era of populism and may dispel some of the prejudice against international institutions. The core objective of the project is to review the position of the ICJ under the conditions of the 21st century. Other objectives of the project are the following: First, to analyze the hidden dimensions of the jurisprudence, in particular the role of geopolitics and how the Court responds to it. Second, to dispel the prejudice of a ‘conservative’ ICJ, which allegedly loses its relevance by ceding ground to the new international courts and tribunals. Third, to prove that the ICJ determines the form of the core principles of international law with universal validity. Fourth, to assess the jurisprudence with regard to its contribution to peace and security. Fifth, to assess the authority of the Court.
Data: CORDIS, © European Union
Project objective
The overall goal of CaPE is to contribute new insights into the role that the International Court of Justice (ICJ) plays in the preservation of peace and global governance. In view of the geopolitical challenges of the 21st century, the project will investigate the potential that ICJ holds in relation to the settlement of international disputes and the preservation of international peace and security. CaPE’s two key hypotheses are that not only does the ICJ occupy a central position in the system of international adjudication and preservation of peace as the World Court, but it can also steer the evolution of international law by guiding the case-law of the other international courts and tribunals (ICs), and by offering a common frame of normative reference. The hypotheses will be tested by critically assessing the role and function of the ICJ in the complex environment of world society, and by locating the counter-trends of its jurisprudence. CaPE is the first project to systematically and holistically explore the peace/law distinction in the ICJ jurisprudence, and the steering function of this distinction by the operation of other ICs. The key ambition of CaPE is to contribute to the cause of peace in the current, unpredictable international environment through new insights into the role of ICJ. I am convinced that CaPE will contribute significantly to the development of an important research field, which will also impact future work of lawyers, diplomats, politicians, and NGOs within the area of preservation of peace and global governance. CaPE is based on the combination and complementarity of my academic/practical background, and that of the host, iCourts and its Director, Professor Mikael Madsen. iCourts provides the ideal academic environment for CaPE, which will provide me with training on new forms of socio-legal research, broaden my methodological approach, and improve my scholarly horizons and career perspectives significantly.
Original text from CORDIS.
Participants
- KOBENHAVNS UNIVERSITET · KOBENHAVNCoordinatorDenmark
Links
Data: CORDIS, © European Union