1 UN Charter art. 96(1).

2 Id. art. 96(2).

3 For a list, see the latest Y.B. ICJ, ch. III, sec. II.

4 1981 id. at 46 nn.2–4, and 47 nn.1–3.

5 See the 1971 Report of the Secretary-General summarizing the views of various governments concerning the role of the International Court of Justice, UN Doc. A/8382, paras. 263–305, at 90–101 (1971) (proposals by Argentina, Austria, Canada, Cyprus, Denmark, Finland, Guatemala, Iraq, Italy, Madagascar, Mexico, the Netherlands, Sweden, Switzerland, the United States, and Yugoslavia). For a discussion of these proposals, see Report on steps that might be taken by the General Assembly to enhance the effectiveness of the International Court of Justice, in American Branch, International Law Association, 1971–72 Proc. & Committee Reports 142, 156–58; Golsong, , Role and Functioning of the International Court of Justice: Proposals Recently Made on the Subject, 31 Zeitschrift für Ausländisches Öffentliches Recht und Völkerrecht 673, 681–82 (1971)Google Scholar. See also Szasz, , Enhancing the Advisory Competence of the World Court, in 2 The Future of the International Court of Justice 499, 514–16 ( Gross, L. ed. 1976)Google Scholar. The question was revived in 1977 in the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. See the report of the committee, 32 GAOR Supp. (No. 33) at 61–62, 147–48, UN Doc. A/32/33 (1977).

6 UN Doc. A/8382, supra note 5, para. 274, at 92–93 (United States).

7 Id., para. 284, at 95 (Switzerland); UN Doc. A/C.6/SR.1212, at 3–5 (1970) (Soviet Union).

8 See Jenks, C. W., The Process of International Adjudication 161, 166–68 (1964)Google Scholar; Jessup, P., The Price of International Justice 67–71 (1971) (citing earlier suggestions by Bisschop, W. R. and Sir Hersch, Lauterpacht)Google Scholar; Gross, , The International Court of Justice: Consideration of Requirements for Enhancing its Role in the International Legal Order, 65 AJIL 253, 275–76, 308– 13 (1971)Google Scholar. For a detailed discussion of problems created by this proposal, see Caflisch, , Reference Procedures and the International Court of Justice, in 2 The Future of the International Court, supra note 5, at 572–609 Google Scholar.

9 GA Res. 957 (X), Nov. 8, 1955, 10 GAOR Supp. (No. 19) at 30–31, UN Doc. A/3116 (1955). For the text of the revised Statute of the Administrative Tribunal of the United Nations, Art. 11, see UN Doc. AT/ll/Rev.4 (1972) (UN Pub. Sales No. E.73.X.1).

10 Statute of the UN Administrative Tribunal, supra note 9, Art. 11(3).

11 Application for the Review of Judgment No. 158 of the United Nations Administrative Tribunal, 1973 ICJ Rep. 166, 171–75; and Application for the Review of Judgment No. 273 of the United Nations Administrative Tribunal, 1982 id. at 325, 331–40.

12 C. W. Jenks, supra note 8, at 160–61.

15 American Bar Association, Summary of Action of the House of Delegates, 1982 Midyear Meeting 12 (Chicago 1982). The report of the Committee on International Courts of the Section of International Law and Practice, of Oct. 14, 1981, on which this resolution was based, was prepared by the Chairman of the Committee, L. B. Sohn, with the assistance of an Ad Hoc Committee composed of David E. Birenbaum, Edison W. Dick, Anthony F. Essaye, Alan Kashdan, Stuart Lemle, Arthur Rovine, George Spina, and Leonard Theberge.

14 See, e.g., Synopsis of the Work of the Court of Justice of the European Communities In 1978, at 7, 14 (1979) (62 decisions in 1978 in cases referred to the Court; 495 such cases decided by the end of 1978).

15 As Chief Justice Marshall stated, “an Act of Congress ought never to be construed to violate the law of nations, if any other possible construction remains.” Murray v. Schooner Charming Betsy, 6 U.S. (2 Cranch) 64, 118 (1804). This early principle was confirmed not too long ago in Lauritzen v. Larsen, 345 U.S. 571, 578 (1953).

16 See Note, Inter-Jurisdictional Certification: Beyond Abstention Toward Cooperative Judicial Federalism, 111 U. Pa. L. Rev. 344 (1963); Lillich, & Mundy, , Federal Court Certification of Doubtful State Law Questions, 18 U.C.L.A. L. Rev. 888 (1971)Google Scholar.

17 Lehman Bros. v. Schein, 416 U.S. 386, 391 (1974).

18 European Economic Community Treaty, 298 UNTS 11, Art. 177. There are similar provisions in other Community treaties and in the 1965 Treaty Establishing the Benelux Court of Justice. See Brinkhorst, L. & Schermers, H., Judicial Remedies in the European Communities 250 (2d ed. 1977)Google Scholar (“the preliminary ruling has become the most important function of the Court of Justice”); Schneider, J. W., The Benelux Court, 4 Neth. Y.B. Int’l L. 193 (1973)CrossRefGoogle Scholar.

19 Waelbroeck, M., The Application of EEC Law by National Courts, 19 Stan. L. Rev. 1248, 1255 (1967)Google Scholar.

20 Szasz, supra note 5, at 517.

21 Dep’t of State, Reform and Restructuring of the United Nations System 7 (Selected Documents No. 8, 1978) (statement by the President: “we would support a national appellate court, before rendering its own judgment in a case, having recourse to the International Court of Justice for an advisory ’preliminary opinion’ on issues of international law”).

22 Id. at 16–17. See also Department of State Study on Widening Access to the International Court of Justice, 16 ILM 187, 190–91, 204–06 (1977).

23 On Dec. 17, 1982, the House of Representatives adopted a resolution presented by the Committee on Foreign Affairs (H.R. Con. Res. 86, as revised), urging the President “to consider the feasibility of pursuing, through the United Nations,” the idea of expanding the advisory jurisdiction of the International Court of Justice, and in particular to:

explore the appropriateness of the establishment of a special committee, under United Nations auspices, authorized to seek an advisory opinion of the International Court of Justice, upon request by a national court or tribunal which is duly authorized by national legislation to make such a request, regarding any question of international law of which such court or tribunal has jurisdiction.

128 Cong. Rec. H10198 (daily ed. Dec. 17, 1982).