How the International Court of Justice Decided on cases of non liquet

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MOHEBBI MOHSEN; BAZZAR VAHID

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Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2019 | Volume:11 | Issue:2 Page(s): 257-283

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Information Journal Paper

Title

How the International Court of Justice Decided on cases of non liquet

Author(s)

MOHEBBI MOHSEN | BAZZAR VAHID | Issue Writer Certificate

Keywords

non liquetQ1

International Court of JusticeQ2

Nuclear Weapons’caseQ1

Kosovo’s advisory opinionQ1

Asylum CaseQ1

Abstract

Some of the decisions and opinions of International Court of Justice have raised the question whether The Court can refuse to make a decision by declaring non liquet for reasons such as lack of clarification, adequacy or lack of applicable law? Some experts provide a positive answer to this question with reference to The Court's opinion in paragraph 105(2)(e) of the advisory opinion on the legality of the threat or use of nuclear weapons (1996). Given the crucial role of The Court in resolving the disputes as an effective means of peaceful dispute settlement between states, which undoubtedly contribute towards the maintenance of international peace and security, it would appear that the Court could not refuse to make a decision by declaring non liquet. The main question that this article deals with is whether, in accordance with the statute, rules and principles applicable in The Court as the principal judicial organ of the United Nations, and in accordance with its case law, The Court may refuse to make a decision by declaring non liquet?

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APA: Copy

MOHEBBI, MOHSEN, & BAZZAR, VAHID. (2019). How the International Court of Justice Decided on cases of non liquet. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 11(2 ), 257-283. SID. https://sid.ir/paper/223471/en

Vancouver: Copy

MOHEBBI MOHSEN, BAZZAR VAHID. How the International Court of Justice Decided on cases of non liquet. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2019;11(2 ):257-283. Available from: https://sid.ir/paper/223471/en

IEEE: Copy

MOHSEN MOHEBBI, and VAHID BAZZAR, “How the International Court of Justice Decided on cases of non liquet,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 11, no. 2 , pp. 257–283, 2019, [Online]. Available: https://sid.ir/paper/223471/en

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