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Hastings International and Comparative Law Review

Abstract

Supporters of the idea that the rule of law should govern the world community have generally been disappointed by the meager role the International Court of Justice (ICJ) has played in international affairs and in the development of international law. Most of the explanations for the ICJ's underuse point to a single factor: that the vast majority of nation states, including the United States, choose not to risk their interests to the judgment of an independent international tribunal. This Note first examines two suggested modifications of the ICJ as proposed by the United States Congress and the American Bar Association. The author, however, reaches an alternate conclusion: that the United States should take the first step toward reaching that objective by revoking its reservation to the ICJ's jurisdiction.

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