Gabriela A. Frei
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The League of Nations and the advisory opinion of the Permanent Court of International Justice as ‘preventive adjudication’?
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The foundation of the Permanent Court of International Justice (PCIJ) was celebrated as a cornerstone for a new international order after 1918. Article 14 of the Covenant gave the PCIJ a double function ‘to hear and determine any dispute of international character’ as well as to ‘give an advisory opinion upon any dispute or question referred to by the Council or by the Assembly’. The second clause contained a novel instrument for an international court, that of the advisory opinion. It empowered the newly founded League of Nations (LoN) to initiate the advisory jurisdiction and thus opened new ways in which the court could shape international politics. The chapter will explore the advisory jurisdiction during the interwar period and examine not only how the LoN used the PCIJ’s new function but also how the PCIJ adopted its new role in international politics. The experimental character of the advisory opinion will be the focus of this chapter. It first examines how the drafters imagined the new instrument of an advisory opinion to work as part of the court’s procedure. A second part discusses various examples of PCIJ’s advisory opinions by examining the motives of the LoN to use this new tool and how the PCIJ dealt with the new task. A third part highlights the scope and limitations of the advisory jurisdiction. The chapter shows that the advisory jurisdiction was a popular instrument used to resolve conflicts at an early stage but also demonstrates the PCIJ’s reluctancy to adopt its new function.

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Instruments of international order

Internationalism and diplomacy, 1900–50

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