Counterclaims before precedent of International Court of Justice

In order to eliminate the deficit and develop international law, it has been always adapted from municipal law by reliance to the principle of analogy. Positivism opposes this approach, but this is reality that international law is not an integral part of municipal law. Counterclaim before international court of justice support from respondent and enforcement of justice. The Court will issue the decision of counterclaim provided that it comes within the jurisdiction and direct connection with the subject-matter. The precedent implies that the international court of justice adheres to formalism. Although The Court has sometimes abandoned from strict position to the condition of direct connection, but it has still been bound to jurisdiction even in cases where the nature of the claims ware erga omnes by positivist approach.