Преюдициални въпроси в съвещателното мнение на Международния съд на ООН относно правните последици от построяването от Израел на стена в окупираната..
The Advisory Opinion of the International Court of Justice Concerning Legal Consequences of the Israeli-Constructed Wall in the Occupied Palestinian..
Author(s): Aleksander DragievSubject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките
Summary/Abstract: The Advisory Opinion of the International Court of Justice Concerning Legal Consequences of the Israeli-Constructed Wall in the Occupied Palestinian Territory // This advisory opinion is the recent advisory opinion of the International Court of Justice (I.C.J.). It is notable first of all for the legal issue raised in its subject matter. The question about the legal consequences arising from the Israeli-constructed wall in the occupied Palestinian territory is a part and at the same time a result of one of the most tangled world conflicts - the Israeli - Palestinian conflict - which determines the significance of the reply given by the I.CJ. to this question. The subject matter of the present article concerns the two questions raised by Israel as preliminary questions to the reply of the legal question: 1) does the I.C.J. have an advisory jurisdiction to give the requested advisory opinion, and 2) is it necessary for the Court to exercise its discretional power to decline to give the opinion. Israel has formulated many and different arguments on these questions which, due their type and legal grounds, offer a substantial contribution to the advisory jurisprudence of the I.C.J.
Journal: Правна мисъл
- Issue Year: XLVII/2006
- Issue No: 2
- Page Range: 66-78
- Page Count: 13
- Language: Bulgarian
- Content File-PDF