Part 6: STRENGTHENING THE RULE OF LAW WORLD-WIDE
The global neighborhood of the future must be characterized by law and the reality that all, including the weakest, are equal under the law and none, including the strongest, is above it. Our recommendations are directed to strengthening international law and the international Court of Justice in particular. All member-states of the UN that have not already done so should accept the compulsory jurisdiction of the court. The Court's chamber producer should be modified to enhance its appeal to states and to avoid damage to the Court's integrity. Judges should be appointed for one ten-year term only, and a system introduced to screen potential members for jurisprudential skills and objectivity. The UN Security-General should have the right to refer legal aspects of international issues to the Court for advice, particularly the early sages of disputes. The Security Council should appoint a distinguished lawyer to provide advice at all relevant stages on the international legal aspects of issue before it. It should also make greater use of the World Court as a source of advisory opinions, to avoid being itself the judge of international law in particular cases. We do not emphasize formal enforcement measures but, failing voluntary compliance, Security Council enforcement of World Court decisions and other international legal obligations should be pursued under Article 94 of the Charter. An International Criminal Court should be quickly established with independent prosecutors of the highest calibre and experience. The international Law Commission or other appropriate body should be authorized to explore how international law-making can be expedited.
The international Law Commission or other appropriate body should be authorized to explore how international law-making can be expedited. |