The only one case in which the court has declined, in the exercise of its discretion, to give an opinion.
Soviet Union was not a member of LN and had not given its consent to the examination of the question by the court, USSR refused to participate in the proceedings; the court was concerned that it would, in fact, be deciding the dispute without the consent of one of the parties.
However two points:
a. ICJ is an organ of UN; PCIJ was not an organ of LN;
b. PCIJ can give opinion on ‘disputes’ ICJ on ‘any legal question’.
Lack of consent was not a problem in South West Africa, Namibia and in Western Sahara, where ‘Spain had consent jurisdiction to Advisory opinion since it was a member of UN and ICJ’