The ICJ, Advisory Opinions, and the Judicial Function: Between Adjudication and Consultation
Bibliographic record
Abstract
Summary Legal commentators have not always considered advisory opinions as a legitimate judicial function. Under both national and international law, it is often considered that only ripe controversies can be legitimately decided by a court of law. Under international law, advisory opinions are also criticized for undermining sovereignty when consent is not obtained from all states affected by the matter. By examining the International Court of Justice’s (ICJ) advisory opinions in light of comparative law, the author argues that this criticism underestimates the evolution of the judicial function, as much in international as in national law. The advisory opinion is a mode of social ordering that stands somewhere between consultation and adjudication. The advisory opinion not only adopts most of adjudication’s characteristics but abo has the added flexibility of consultation because it can consider a wider spectrum of opinions than can adversary procedures. The ICJ’s advisory opinions can almost be assimilated to adjudication. Considering that they have also greatly contributed to the development of international law, the ICJ’s advisory opinions remain an integral and legitimate part of the court’s judicial function.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".