أسباب تراجع دور محكمة العدل الدولية في تسوية المنازعات الدولية بين القانون و الممارسة الدولية

الملخص EN

The Charter of the United Nations, in explicit terms, enshrines the principle of the peaceful settlement of international disputes and calls for a peaceful solution to international disputes in a manner in which international peace and security are not at risk.

It is in the interest of the international community that there are means available to the conflicting countries to settle their disputes peacefully.

The resolution of international disputes is a subject that has been concerned with international law since its inception.

It is the law that regulates the relations of states in order to achieve security and peace.

Article 33/1 of the UN Charter states that "the parties to a dispute whose continued existence would endanger the maintenance of international peace and security should first seek to resolve it by negotiation, investigation, mediation, conciliation, arbitration and judicial settlement, or resort to regional or other agencies and organizations Peaceful means of choice ".This paper explores the reasons for the decline of the role of the International Court of Justice in the settlement of international disputes and its limited role through the classification of international disputes, the definition of conflict and settlement, and the criteria for distinguishing between legal and political disputes.

This paper explores the legal and political reasons for the limited role of the International Court of Justice in settling international disputes, to clarify the impediments to the implementation of the judgments of the International Court of Justice.

The study concludes with a number of conclusions and recommendations for strengthening the role of the Court in the peaceful resolution of international disputes.