| 单词 | advisory jurisdiction |
| 释义 | advisory jurisdiction The authority of the International Court of Justice to give advisory opinions is found under Article 96 of the UN Charter. Under this Article the Court is empowered to give such opinions on legal questions at the request of the UN Security Council or the General Assembly. Moreover, the power to request advisory opinions on legal questions arising within the scope of their activities also resides in other organs of the United Nations and its specialized agencies if they have been authorized by the General Assembly to do so. When an advisory opinion is sought upon a question actually pending between two states each of them is entitled to have an ad hoc judge on the bench. The request for an advisory opinion must be made by the United Nations to assist it in the discharge of its function; provided the opinion relates to a legal question it is immaterial that it affects political issues (Admission of New Members Case [1948] ICJ Rep 57). Consent is not required for an advisory opinion. Among the International Court of Justice’s most prominent advisory opinions are UN Admissions (Competence of General Assembly) Case [1950] ICJ Rep 15; Genocide Reservations Case [1951] ICJ Rep 15; and PLO UN Mission Case [1988] ICJ Rep 12. In an advisory opinion given in February 2019 the ICJ, by a majority of 13 votes to 1, held that the United Kingdom’s decolonization of Mauritius was not lawfully completed and that the UK consequently has an obligation to bring an end to its administration of the Chagos Archipelago as rapidly as possible. The ICJ also considered that all member states of the United Nations are under an obligation to cooperate in order to complete the decolonization of Mauritius. |
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