Towards a Stronger International Court of Justice

The International Court of Justice is competent in the solution of those controversies which are put forward for its consideration by member states. The last 50 years have witnessed a search for means to increase the Court's competence, and in general to strengthen its position as the foremost forum for the peaceful solution of conflict. The Cold War precluded the Court from taking matters into consideration that could have been submitted by the Security Council. However, the important changes that have taken place in recent years make possible that, 50 years since it was established, the Court’s capabilities can now be enhanced. In this sense, it is important to reflect on the Court’s system of obligatory competence. Given Mexico's important role in the codification and progressive development of international law, it may now be necessary for this country to reexamine the reservation which was included in the Mexican facultative declaration, in order that it must be the Court which decides whether a given matter falls, or does not fall, within a state’s internal jurisdiction before accepting the competence to judge.