Australia's Engagement with The International Court of Justice: Practical and Political Factors

Abstract

While much has been written on the legal issues raised in cases involving Australia at the International Court of Justice ('ICJ'), the politics behind decisions to appear before the Court, the organisation of Australia's arguments and its style of case management have attracted much less attention. This article, written by a former government international lawyer who appeared as agent and counsel for Australia before the ICJ, describes both the political decisions behind, and the practical organisation of, Australia's encounters with the ICJ, focusing on the Whaling in the Antarctic case. It explains the way that cases develop and the way that the executive branch of government engages with them, all in the context of Australia's approach to international dispute settlement more generally. It concludes that Australia's approach to international dispute settlement is highly effective, including in its conduct of cases before the ICJ.