Procedural questions in advisory proceedings initiated by international organizations

Kirsten Schmalenbach

Chapter 12 in Research Handbook on International Procedural Law, 2024, pp 274-291 from Edward Elgar Publishing

Abstract: With few exceptions, international organizations lack standing in contentious proceedings before international courts. Thus, initiating advisory proceedings is an important step for international organizations when pursuing their objectives and interests through international adjudication. Requests for advisory opinions made by international organizations to international courts can be divided into two broad categories of cases: ‘housekeeping’ and ‘community-interest’ cases. Procedural issues arising in this context include the institutional and functional limits to the right to request an opinion, as well as to the procedural framework of such opinions. Further complications can arise with respect to matters relating to a contentious case, fact-finding efforts within advisory proceedings, as well as with the legal nature and clarity of the question posed to the court. Finally, most international courts possess discretionary powers over their advisory functions, although these are seldom asserted in practice, possibly because the courts want to bring legal certainty not only to the requesting organization, but to all members of the international community.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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