The rediscovery of advisory opinions of the International Court of Justice as a tool for international public interest litigation

Abstract

In the context of the growing judicialization of international relations, this study focuses on the resurgence of advisory opinions of the International Court of Justice as a legal tool for the protection of international public interest. It analyses three main dimensions: their role in the reaffirmation, consolidation and progressive development of the obligations to protect the general interests of the international community; their usefulness as an instrument available to international organizations — particularly the United Nations General Assembly — for the defence of these interests; and the increasing involvement of non‑state actors in both the request for and the conduct of advisory proceedings.