On the legal nature of advisory opinions of international justice bodies

This article provides an overview and critical analysis of the main approaches to explaining the legal nature of advisory opinions issued by international judicial bodies. Using a normative approach, the author focuses on the role of advisory opinions in shaping elements of international legal custom, the development of international law, and the Eurasian integration legal order. A distinction is made between advisory jurisdiction and jurisdiction to rule on preliminary injunctions. The analysis of the similarity between advisory opinions and judicial decisions highlights the dangers of confusing jurisdictions and circumventing the principle of consent to dispute resolution. Specific practical examples are analyzed, and the conclusion is drawn about the multifaceted legal nature of advisory opinions.

Authors

Publication Details

Journal
Advances in Law Studies
Published
2026-03-31
DOI
https://doi.org/10.29039/2409-5087-2026-14-1-71-75
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

On the legal nature of advisory opinions of international justice bodies

Anastasiya Pastuschik
Advances in Law Studies
International Law and Human Rights
article

On the legal nature of advisory opinions of international justice bodies

Anastasiya Pastuschik
article en

Abstract

This article provides an overview and critical analysis of the main approaches to explaining the legal nature of advisory opinions issued by international judicial bodies. Using a normative approach, the author focuses on the role of advisory opinions in shaping elements of international legal custom, the development of international law, and the Eurasian integration legal order. A distinction is made between advisory jurisdiction and jurisdiction to rule on preliminary injunctions. The analysis of the similarity between advisory opinions and judicial decisions highlights the dangers of confusing jurisdictions and circumventing the principle of consent to dispute resolution. Specific practical examples are analyzed, and the conclusion is drawn about the multifaceted legal nature of advisory opinions.

Advances in Law StudiesVol. 14(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
International Law and Human Rights
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