The advisory function of the International Court of Justice: the ‘Abstract Question’ dilemma

Advisory opinions of the International Court of Justice (ICJ) form a substantial part of its 80-year jurisprudence and have played a key role in the international life of the United Nations (UN). However, requests on abstract questions that do not contain reference to any concrete dispute or factual circumstances tend to direct the advisory function away from its institutional orientation, as their origins, objectives, and intended effects bear only a tenuous connection to the activities of the requesting organs. Instead, such requests are aimed at capitalizing on the law-making potential of advisory opinions. However, the judicial character of the ICJ constrains the extent to which the underlying law-making expectations can be met. The present study argues that, in navigating this dilemma, the ICJ appears to move away from its role as ‘the principal judicial organ of the UN’ and recasts itself as ‘the principal judicial organ of the international community’.