Jerry wrote:Copperline, I'm curious, are members of the EU obliged to adhere to decisions made by the ICJ or ECJ?
And since you, as far as I recall, did not express a view on the Jennifer Lopez saga, is her contract enforceable?
(apologies for going a bit off topic)
Jerry,
To be honest the JLo thing bored me. Same old, same old.
Enforceability of the contract ? Depends on where (jursidiction) that the contract was signed. I doubt that it was signed in TRNC (though it is possible) so international private commercial law applies. In the absence of information about the contract all else is speculation.
The ICJ and ECJ while both international courts operate differently. Effectively the ECJ deals now not with international law but with European Union law in all its diversity which is a now distinct family of law. The answer to your question then is yes EU state are obliged to comply with and enforce ECJ judgments, failure to so can lead to hefty financial penalties.
The ICJ on the other hand is a strictly international court adjudicating
only between state parties and UN organisations, and of giving opinions to the same. The question of 'adherence' or compliance is quite complicated - it depends on how the case was referred, what role the ICJ is playing, issues of jurisidiction and justiciability, and what kind of decision it makes. States have also refused the jurisdiction of the ICJ, most (in)famously in the case of Nicaragua v. United States of America. Ironically Libya - a supposedly rogue state - is one of the most respectful of states vis the ICJ.
The truth is that the ICJ has been far less used than might be imagined. Many critics say that whatever its decisions, it doesn't have the teeth for enforcement.