Question

Definition of Water Law ICJ Cases. Describe in detail with some exclusive water law ICJ cases with decisions and so on. (2000 words) [This is law course]

Answer 1

What is the importance of ICJ if countries can freely go against the verdict;

ICJ is merely a legal forum for declarations of legitimacy and that international law is still “a law without sanctions.” If Pakistan chooses to hang Jadhav despite the ICJ ruling, it would not be the first country to carry out an execution in defiance of the ICJ’s verdicts. Although the ICJ verdict is “binding” as was clarified by the president of the court himself, it doesn’t actually have the power to enforce it.

The UN charter says 'each member of UN undertakes to comply with the decision of the International Court of Justice' and “if any party to a case fails to perform the obligations, the other party may have recourse to the Security Council'. The Security Council, it says, "may decide upon measures to be taken to give effect to the judgment".

The judgement "cannot be enforced the way domestic court judgements can", India could also ask for sanctions against Pakistan.

If Pakistan says it will not implement the UN court ruling, India can go to Security Council and ask for sanctions against Pakistan for breach of the ICJ judgement,

Assuming India gets a positive order from the ICJ that nullifies the death penalty given to Jadhav, it may still have to contend with the choppy waters of the UN Security Council. There are currently five permanent members in the council: China, France, Russia, United Kingdom and United States. Only permanent members have veto powers, which means they could effectively block a resolution from being carried out.