Recent Scholarship: "No Case Exists" Procedure at the International Court of Justice

Sienho Yee, A Proposal for Formalizing the "No Case Exists" Objections Procedure at the International Court of Justice, 4 CHIN. J. INT'L. L. 393 (2005)

Professor Yee evaluates the "no case exists" objections made before the International Court of Justice (ICJ), which, generally, involves disputes presented to the ICJ where there is clearly a lack of jurisdiction or no dispute. In such cases, Professor Yee suggests, no case exists "because, for a case to exist, there must be, at a minimum, some dispute as to the Court's jurisdiction so as to trigger the Court's function under Article 36(6) of the Statute" of the ICJ. Lacking procedural mechanisms to address such instances, Professor Yee suggests the ICJ " formalize the procedure to deal with these objections by amending the Rules of Court to provide for a "no case exists" objections procedure."