The “What About Me?” Question in ICJ Proceedings On Compensation And Maritime Delimitation

Abstract

<p>This brief contribution contains some reflections on the relevance of the “what about me?” question in proceedings on compensation and maritime delimitation. The focus is on disputes at the International Court of Justice (ICJ or Court). My argument is that, as things currently stand at the ICJ, the Court is ill-equipped to address the “what about me?” question and that, as a result, ICJ proceedings remain very much state-centric. This view likely is not surprising because the Court was conceived, since its origins in the 1920s, as an interstate judicial organ. Other dispute settlement institutions have developed since then to bring dispute settlement closer to individuals, such as regional human rights courts and arbitral tribunals in the investor-state context. However, this situation does not mean that the ICJ should not take into account individuals in deciding disputes submitted to its jurisdiction. What this situation does mean is that one would need to rethink some procedural aspects of ICJ dispute settlement, which I will discuss in relation to compensation, and parts of the ICJ's jurisprudence, which I will discuss in relation to maritime delimitation.<br></p>