The South-West Africa Judgment: A Study in Justiciability

Authors

Cornelius F. Murphy

Abstract

According to Brierly, an international dispute is justiciable if it is "susceptible of decision by the application, in an arbitral or judicial process, of rules of law." It is widely believed that the number of disputes between states to which the judicial process can be applied is extremely limited. The individualistic basis of international jurisdiction and the prevalent political tensions contribute to a limited view of the possibilities of international adjudication. Yet there is a constant need to develop measures of peaceful settlement, and the recent judgment of the International Court of Justice in the South-West Africa cases has dramatically demonstrated how important the concept of justiciability is in this search for international justice under law.

First Page

477

Recommended Citation

Cornelius F. Murphy, The South-West Africa Judgment: A Study in Justiciability, 5 Duq. L. Rev. 477 (1966).
Available at: https://dsc.duq.edu/dlr/vol5/iss4/4