Sammendrag
The topic of this thesis is the discretion of the International Court of Justice (ICJ)in its advisory proceedings. It gives an analysis of the possibility for the ICJ to decline to give an advisory opinion. This discretion is guided by the Court's character as a principal organ of the UN, and the Court's judicial character when giving the advisory opinions.
The discretionary power of the Court is, in particular, analysed in view of the recent case concerning the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, given by the ICJ on July 9, 2004(the Wall opinion).
The thesis gives an introduction to the history and fuction of the ICJ. It also contains a summary of the Wall opinion and the arguments put forward in this case when contending that the Court should exercise its discretion and refuse to give an opinion. These arguments are discussed and analysed in view of relevant statements and previous practice of the Court.
In addition, the theis looks at the effect of advisory opinions and possibilities of extending the jurisdiction of the ICJ.