Between Norms and Interests. The ICJ, the Security Council, and the Limits of International Law within the Contemporary United Nations

This study examines the complex relationship between the International Court of Justice (ICJ) and the United Nations Security Council (UNSC), highlighting how judicial decisions—whether legally binding or advisory—face practical obstacles arising from vetoes, omissions, and the strategic interests of the permanent members. The analysis underscores the economic influence of the United States, the main financial contributor to peacekeeping operations, and how this position enables it to shape priorities and interfere with the enforcement of judicial decisions. Through an examination of both contentious and advisory cases, including recent opinions on climate change, the study reveals the paradox between the ICJ’s legal authority and the political constraints of the UN system. It concludes that, although the Court’s decisions carry undeniable moral and ethical value, their practical effectiveness depends on political will and enforcement mechanisms, exposing the structural limits of a United Nations founded in 1945 to address contemporary transboundary challenges. Keywords: International Court of Justice; United Nations Security Council; International law; Political vetoes and constraints; Economic power of the United States; Implementation of resolutions; Climate change; International responsibility.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-11-08
DOI
https://doi.org/10.5281/zenodo.17561335
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Between Norms and Interests. The ICJ, the Security Council, and the Limits of International Law within the Contemporary United Nations

Zenodo (CERN European Organization for Nuclear Research)
International Law and Human Rights
article

Between Norms and Interests. The ICJ, the Security Council, and the Limits of International Law within the Contemporary United Nations

article en

Abstract

This study examines the complex relationship between the International Court of Justice (ICJ) and the United Nations Security Council (UNSC), highlighting how judicial decisions—whether legally binding or advisory—face practical obstacles arising from vetoes, omissions, and the strategic interests of the permanent members. The analysis underscores the economic influence of the United States, the main financial contributor to peacekeeping operations, and how this position enables it to shape priorities and interfere with the enforcement of judicial decisions. Through an examination of both contentious and advisory cases, including recent opinions on climate change, the study reveals the paradox between the ICJ’s legal authority and the political constraints of the UN system. It concludes that, although the Court’s decisions carry undeniable moral and ethical value, their practical effectiveness depends on political will and enforcement mechanisms, exposing the structural limits of a United Nations founded in 1945 to address contemporary transboundary challenges. Keywords: International Court of Justice; United Nations Security Council; International law; Political vetoes and constraints; Economic power of the United States; Implementation of resolutions; Climate change; International responsibility.

Zenodo (CERN European Organization for Nuclear Research)
Centro de Estudos Educação e Sociedade (BR)
Climate action
Openalex Percentile: Top 33%
International Law and Human Rights
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