POL340Y1 : Cases.docx
Document Summary
Procedural facts: how did the case get to the court; Issues: what does the court really have to decide. Obiter dictum ( said in passing ) not essential to the reasons, but said anyways, not binding, but highly persuasive. The palestinian wall case (sources of international law) Relevant sources: the un charter article 10, 12, 14, 24. The ga passed a resolution to ask icj a question. The interested parties state that the general assembly acted ultra vires by requesting an advisory opinion on the legal consequences of israel constructing the wall in the occupied palestinian territory. Icj cannot answer the question it is important for actors in international laws to act within their authority. If the ga asked the question that is not in their authority, icj would act inappropriately by answering. Solution: answer in para. 27-28 on the book (pp. 240); sc and ga are acting in parallel; Article 10: the assembly and discuss and make recommendation.
