Advisory Jurisdiction

Definition of Advisory Jurisdiction

In accordance with the work A Dictionary of Law, this is a description of Advisory Jurisdiction : The jurisdiction of the International Court of Justice under which it can render legal opinions, similar in kind to declaration (See declaratory judgment) under English municipal law. In contrast to the contentious jurisdiction of the Court, states are not parties to the proceedings and there is no claimant or defendant to the action. The Court proceeds by inviting states or international organizations to provide information to assist the Court in its determination of point of law at issue. 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 Councillor 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.