The Rule of Law in Advisory Opinions of the International Court of Justice

Abstract

The concept of the rule of law is important both for the domestic law of States and in international law. In practice, some difficulties arise due to the lack of an accurate definition of its content. There is an opinion that it is easier to refer to this concept than to define its content. The problem is indicated in the documents of the United Nations (UN). The UN General Assembly resolution of 16 September 2005, in the section devoted to the rule of law principle, emphasizes the need for its universal observance and application both in national legal systems and in international law. The documents adopted under the auspices of the UN also highlight an important role played by the International Court of Justice (ICJ) in the implementation of this concept. Uniform and impartial application of law by the court is a reflection of the idea of the rule of law. All the activities of the ICJ as one of the main UN bodies serve to strengthen and promote this concept. By adopting decisions and advisory opinions, the Court contributes to clarifying and strengthening the influence of international law on relations between States. The development of the idea of the rule of law also affects activities of UN bodies, increasing predictability of their activities. In its practice, the ICJ gives it exceptional legitimacy and a broad scope of action, due to which the rule of law contributes to the implementation of the goals and principles of the UN. The Court’s contribution to the promotion of the concept is particularly noticeable in the framework of ongoing activities for the peaceful settlement of international disputes, clarification and dissemination of international law and its application on an equal basis to all subjects.