The International Court of Justice has repeatedly

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REVIEW OF LITERATURE

I. Overview of the Process of the International Court of Justice (ICJ)

The work of Allee and Huth (2006) entitled: Legitimizing Dispute Settlement: International Legal Rulings as Domestic Political Cover published in the American Political Science Review states that it is maintained by realists that states should be very unlikely to seek international arbitration or adjudication to resolve their disputes, particularly when the dispute involves fundamental security issues. (Allee and Huth, 2006) The historical record is stated by Allee and Huth to demonstrate on several occasions states successfully have resolved many types of disputes through international legal bodies. (2006)
Stated as a reason that states seek to settle territorial claims through the International Court of Justice (ICJ) is that the judges who hear the dispute are predetermined, because they were elected for a fixed term at some earlier date which serves to enhance the fairness of the proceeding. Additionally, justices being drawn from a number of various countries results in a higher level of fairness. (Allee and Huth, 2006) The disputants are stated to have some control relating to who is selected to serve on the arbitration panels but that however,
the prevailing pattern is

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