Rosalynn Higgins, the first woman to serve on the International Court of Justice, talks with Law School faculty member W. Michael Reisman during her Yale visit.

Changed procedures would make for a more
effective international court, judge contends

The wheels of global justice could turn more swiftly if there were a fundamental change in the way the International Court of Justice treats the nations that appear before it, contends a Yale alumna who is a member of that tribunal. Rosalyn Higgins, who earned her J.S.D. at the Law School in 1962, became the first woman to serve on the International Court of Justice in 1995 and was recently elected to a second term. She spoke at her alma mater on March 9 on the topic "Respecting State Sovereignty and Running a Modern Courtroom." Established in 1945 as the United Nation's principal judicial organ, the International Court of Justice at the Hague is charged with settling clashes between countries over such issues as territory or treaties. In recent years, the trend toward globalization has increased both the number and nature of these across-boundaries disputes, noted Higgins. Furthermore, the parties involved have expanded to include international corporations, environmental groups and human rights organizations, she said. "Once the sole institution for settling international disputes," the International Court of Justice is now part of a "plethora" of world organizations addressing these issues, said Higgins. Yet, she added, the court's docket continues to grow -- despite the fact that only sovereign states are entitled to bring cases before it. Because of the critical nature of the issues it considers, in recent years the International Court of Justice has adopted several measures "to ensure that it can respond as efficaciously as possible to its clientele," noted Higgins. These include eliminating certain procedures in order to speed up the judicial process and making that process more "transparent" to the world at large through forums such as the World Wide Web, she explained. In fact, the court takes pride in the fact that its litigants' oral arguments and its justices' decisions are available online within a few hours, she said, noting that every day about 18,000 documents are downloaded from the court's website (at www.icj-cij.org). Having "done its part" to streamline the decision-making process, the International Court of Justice has now turned to the United Nations and the sovereign states themselves to promote the cause of swift justice, said the jurist -- looking to the former for the funds to support the needs of a multi-national, multi-lingual tribunal (such as the simultaneous translation of court proceedings) and to the latter for cooperation in curtailing the time devoted to their cases. And therein lies one of the biggest issues facing the global tribunal, contends Higgins, "the need to change the legal culture that underlies its dealings with its clients." For many years now, the International Court of Justice has usually deferred to the sovereign states in terms of their requests for time to prepare their cases, their desire to present several rounds of arguments before the formal trial even begins, and their petitions to submit new documents late in the proceedings. "I've come to believe that further controls should be exercised," said Higgins. This is not a question of ensuring justice, she said. "It's a question of running a tight courtroom." In order to "maximize its potential," the court must "make alterations to the culture of excessive deference to state sovereignty," she argued. Under the U.N. charter, "it is not possible to bring a state to court without its consent having been given," Higgins pointed out, which already grants nations a "privileged position" that is "not that of private litigants the world around." By instituting stricter procedural requirements, the International Court of Justice would not only force litigant nations to present their cases more concisely (something Higgins believes would actually benefit them), it would restore balance to the judicial process, she argued. "In doing so, the states would become normal litigants in a normal courtroom, and it would be the court thereafter that controls the proceedings," she said. -- By LuAnn Bishop T H I SW E E K ' SS T O R I E S Yale study shows cocaine vaccine is safe, effective Film echoes voices from Yale's Holocaust archive Student scholars win prestigious honors USA Today names Rodberg to College Academic Team Marshall awarded annual Paul Mellon Fellowship Psychiatrist shares her stories with children throughout the world Endowed Professorships Professors and former trustee are honored by Phi Beta Kappa 'High priest' of political writers is next Poynter Fellow Graduating actors to perform in 'Richard III' Storytellers to spin yarns from around the world at festival Better pest controls may result from researchers' discovery Noted businessman talks about the world of wine Changed procedures would make for a more effective international court, judge contends MEDICAL SCHOOL NEWS Researchers will test new ways to curb transmission of HIV Study pinpoints dizziness as 'geriatric syndrome Procedure helps quiet auditory hallucinations Team shows protein's potential for treating mental disorders Former Yale treasurer and attorney John E. Ecklund dies Yale's Slater keeps St. Patrick's Day parade moving smoothly Exhibit features artist's series of biblical images Conference to explore 'Rebuilding Societies in Transition' Scholar describes Canada's difficult 'balancing act' Colloquium will aid those who are interested in establishing language-study centers Yale SOM event will focus on strategies for the 'new economy' Memorial service is scheduled for noted geologist Karl Waage Renewable energy is topic of conference Campus Notes Yale Scoreboard In the News Bulletin Home|Visiting on Campus| Calendar of Events|Bulletin Board Classified Ads|Search Archives|Production Schedule|Bulletin Staff Public Affairs Home|News Releases| E-Mail Us|Yale Home Page