국제사법재판소의 권고적 의견에 관한 고찰

Advisory Opinion of the ICJ has its own implication on the points that ICJ reveals the exact meaning of international law in the specific situations and shows guidance to the UN body or a specialized agency how to response the international problems and apply international law. Because of its advisory character, Advisory Opinion of the ICJ does not have legal binding force. It only functions as a recommendatory one. But under the same umbrella of the UN system, a body which requests Advisory Opinion cannot be against the final result of the Advisory procedures. To that effect, it can be said that Advisory Opinion has de facto binding force within and to UN bodies. Viewed in this perspective, it raises serious questions when Advisory procedures is utilized as a kind of the appeal procedures for international administrative tribunals. So the UN General Assembly repealed the review procedures of the United Nations Administrative Tribunal and renovate the administrative procedures with the two-step justice system without an involvement of the ICJ. In this respect, it is seriously considered to repeal the present review system of the Administrative Tribunal of the ILO.