Climate change is affecting the whole planet, but the dramatic effects in the Arctic are deeper than anywhere else. As ice melts, new sea routes open for navigation, while fishing stocks change both in quantity and quality. Huge and rich underground resources come within reach, attracting the interest not only by the Arctic States, but also by countries and private companies far removed from the region, striving to obtain exploitation licences. Therefore, unprecedented perspectives of economic development for the region are coming into view.
The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.
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