“Normative Surrender” and the “Duty” to Appear Before the International Court of Justice: A Reply

A recent article in the Michigan Yearbook of International Legal Studies by Professor Jerome Elkind included a section, headed “Jurisdiction of the International Court of Justice,” which was addressed to the question whether States have a legal duty to appear before the International Court of Justice when cited as respondents in cases instituted by unilateral application. This question was dealt with by the present writer at some length in a recent book, and since Professor Elkind, who has also published a book on the subject, reaches a different conclusion, and refers critically to the views the author has expressed, some further explanation of those views and comments on Professor Elkind’s arguments may be of interest and can be found in this article.