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Third Party Obligations and World Ordering in the ICJ’s Advisory Opinion on the Occupied Palestinian Territory

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Krieger, H. Third Party Obligations and World Ordering in the ICJ’s Advisory Opinion on the Occupied Palestinian Territory. German Yearbook of International Law, 99999(), 1-28. https://doi.org/10.3790/gyil.2025.409909
Krieger, Heike "Third Party Obligations and World Ordering in the ICJ’s Advisory Opinion on the Occupied Palestinian Territory" German Yearbook of International Law 99999., 2025, 1-28. https://doi.org/10.3790/gyil.2025.409909
Krieger, Heike (2025): Third Party Obligations and World Ordering in the ICJ’s Advisory Opinion on the Occupied Palestinian Territory, in: German Yearbook of International Law, vol. 99999, iss. , 1-28, [online] https://doi.org/10.3790/gyil.2025.409909

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Third Party Obligations and World Ordering in the ICJ’s Advisory Opinion on the Occupied Palestinian Territory

Krieger, Heike

German Yearbook of International Law, Online First : pp. 1–28 | First published online: June 24, 2025

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Prof. Dr. Heike Krieger, Freie Universität Berlin Van't-Hoff-Straße 8 14195 Berlin, Germany

Abstract

Abstract: The rise of mega-political cases before the ICJ stands in stark contrast to the symptoms of decline of the Liberal International Order. The Article explains this phenomenon by analysing how processes of world ordering and legal ordering are entangled. For this purpose, it assesses the way in which the ICJ’s Advisory Opinion on the Occupied Palestinian Territory engages with third party obligations. The Article demonstrates how the legal conceptualisation of such obligations contributes to world ordering processes and highlights the limits of such an approach. Thereby, it offers both a doctrinal analysis of central concepts, such as the duty of non-recognition and non-assistance, and an assessment of broader trajectories of the development of the international (legal) order.

Table of Contents

Section Title Page Action Price
Heike Krieger\nThird Party Obligations and World Ordering in the ICJ’s Advisory Opinion on the Occupied Palestinian Territory 1
I. Introduction 1
II. World Ordering and Legal Ordering 3
A. Revolutionary and Evolutionary World Ordering 3
B. Third Party Obligations as a Means of Legal Ordering of International Relations 5
1. Third Party Obligations in a Decentralised Legal System 6
2. Third Party Obligations as a Counterhegemonic Instrument 10
C. Obstacles to World Ordering Inherent in the Advisory Opinion 18
1. The Relevance of the Doctrinal Sources of Third States’ Obligations 18
2. The Meaning of the Obligations Involved 22
3. The Scope of the Pertinent Obligations 23
III. Conclusion 26