Musto, C. and Tzanakopoulos, A. (2025) The ICJ and “progressive causes”. In: Skordas, A. and Mardikian, L., (eds.) Research Handbook on the International Court of Justice. Research Handbooks in International Law series . Edward Elgar Publishing ISBN 9781788111379
Abstract
This chapter considers the International Court of Justice’s record when approaching ‘progressive causes’. It investigates how the Court has responded when faced with contentious and advisory proceedings involving divisive issues of international concern and assesses how its handling of proceedings involving such causes has evolved over time. It addresses three questions: (i) how we ought to understand ‘progress’ and ‘progressiveness’ in the context of international adjudication; (ii) how international courts and tribunals can be said to contribute to the pursuit of progress; and (iii) the extent to which the Court can be considered an ‘agent’ of progress. In addressing this latter question, the chapter considers the Court’s practice on four topics of global concern: discrimination; self-determination and decolonisation; nuclear disarmament; and environmental protection. It concludes that the Court ought to be understood as a cautiously (and often reluctantly) progressive institution.
Metadata
Item Type: | Book Section |
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Copyright, Publisher and Additional Information: | © 2025 The Author(s) and Editor(s). This is an author-produced version of a chapter subsequently published in Research Handbook on the International Court of Justice. Uploaded in accordance with the publisher's self-archiving policy. It is deposited under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 07 Sep 2020 07:30 |
Last Modified: | 02 Oct 2024 10:15 |
Published Version: | https://www.e-elgar.com/shop/gbp/research-handbook... |
Status: | Published |
Publisher: | Edward Elgar Publishing |
Series Name: | Research Handbooks in International Law series |
Refereed: | Yes |
Related URLs: | |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:165113 |
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