• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  5. 5
    5
  6. 6
    6
  7. 7
    7
  8. 8
    8
  9. 9
    9

The International Court of Justice (ICJ) is one of the six principal organs of the United Nations.

Extracts from this document...

Introduction

INTERNATIONAL LAW AND INSTITUTIONS MO7914 COURSEWORK PART 2 (QUESTION 3) NAME: JACQUELINE YEE-BING LEE STUDENT NUMBER: 01228801 NUMBER OF WORDS: 3,364 The International Court of Justice (ICJ) is one of the six principal organs of the United Nations. It began work in 1946, and its seat is at the Peace Palace in The Hague (Netherlands) and it replaced the Permanent Court of International Justice which had functioned in the Peace Palace since 1922. It operates under its statute which is largely similar to that of its predecessor, which is an important part of the Charter of the United Nations. Thus, all members of the United Nations are automatically parties to the Statute. However, in certain circumstances, States which are not members of the United Nations may appear before the court, and may even become parties to its statute. The court is composed of fifteen judges1 to hold nine-year terms of office by the United Nations General Assembly and Security Council2 sitting independently of each other. It may not include more than one judge of any nationality. Elections are held every three years for one third of the seats, and retiring judges may be re-elected. The Members of the court do not represent their government but are independent magistrates. The judges must possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognised competence in international law.3 They must not act in a political or administrative capacity4 nor appear as an advocate.5 The composition of the Court has also to reflect the main forms of civilisation and the principal legal systems of the world.6 When the court does not include a judge possessing the nationality of a State party to a case, that State may appoint a person to sit as a judge ad hoc for the particular case.7 The Court has dual roles which are to settle, in accordance with the international law, the legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by duly authorised international organs and agencies. ...read more.

Middle

While the Yearbook of the International Court publishes the text of the 'compromissory clauses',28 treaties with such 'compromissory clause' are registered with the United Nations Secretariat. Nevertheless, a State may accept the Court's jurisdiction by way of a declaration under Article 36(2) of the Statute of the International Court of Justice. However, States are not required to make a declaration under Article 36(2) as it is an optional clause. Nonetheless, once the Court's jurisdiction has been accepted reference to the Court is compulsory. States, which have made a declaration accepting the Court's jurisdiction, in principle, possess the right to bring before the Court another State accepting the same obligation, while conversely it has by its declaration undertaken to appear before the Court should proceedings be initiated against it. It is vital that the subject matter of the dispute must fall within the terms of the acceptance lodged by both parties as the Court only have jurisdiction to the extent that the declaration coincide. This somehow puts a limit to the Court's jurisdiction. In short, jurisdiction in contentious cases depends on the consent of States. According to the principle laid down in the Monetary Gold case,29 the court will decline to decide between State A and B, which involve giving decision on the legal rights of State C, if to do so would require giving ruling on the legal rights of State C. However, in the case of Nicaragua,30 the court discarded the argument that authority should be declined under the Monetary Gold principle simply because the position of third parties might have to be considered. It was held that the Monetary Gold principle would only apply in situations where the position of the third party 'would not only be affected by a decision, but would form the very subject matter of the decision'. It is also relevant to know that any non-party is protected by the terms of Article 59 of the Statute as well as the provision relating to intervention of third parties contained in Article 62 and 63. ...read more.

Conclusion

One of the reason for this is that those organisations entitled to seek advisory opinions all employ large numbers of well competent legal advisers, so, there is conceivably less role for the ICJ as 'an in house counsel of last resort'. To end with, the ICJ may be a permanent institution, but it does not have a high work load, especially when compared with the European Court of Human Rights (ECHR). The Court's power is restricted to legal disputes and Article 36(2) specifically limits the jurisdiction of the Court to 'legal disputes' but Article 38(1) of the ICJ's Statute directs the Court to 'decide in accordance with international law such disputes as are submitted to it.' Though, the Court has acknowledged that there are limitations on the implement of its judicial function,41 no dispute has ever been rejected because it concerned non-legal issues. In addition, unlike in 1946, the ICJ is not the only court administering justice on the international plane. It operates alongside the European Court of Justice, the European Court of Human Rights and the International Tribunal on the Law of the Sea. Soon, it will need to need to build up a relationship with the International Criminal Court as it has with the two tribunals established to look into war crimes in Bosnia and Rwanda. Until now, the court for all its limitations and relative weakness is loaded with work and solicited by a growing number of States, especially those of small and medium size. These States come to the Court to protect their interest, but also to focus attention on a set of common values, adding to previous international customary. Through this, one can see the urgent need to reinforce international justice, of which the as-yet-unfulfilled situation is total obligatory jurisdiction for the Court. As a final point, in order to allow the Court to function effectively and efficiently in the future, States must be willing to submit their disputes to independent adjudication and demonstrate a willingness to comply with the Court's decision. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree English Legal System section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree English Legal System essays

  1. The Administrative Appeals Tribunal is being criticized for being too similar to the court. ...

    The use of these inquisitorial powers are based on the assumption that "the Tribunal should never permit parties to place it in the position of deciding a case on an artificial or inadequate factual basis". These powers presuppose the non-conflicting nature of the parties whilst the Tribunal acts as an objective investigator in discovering the facts.

  2. "It would be regrettable if a court had come to the conclusion that in ...

    that some personal interest of his has been thereby infringed thus giving a reason why he should be allowed to complain about the abuse of power. Cane recognises, three grounds that appear in the cases: "the possession of a legal right, the suffering of special damage and being a person aggrieved."

  1. The European Court of Human Rights was set up in 1959 as part of ...

    In this case the applicants complained that, contrary to Article 8 of the ECHR, they were denied respect for their family and that the position they were put in was discriminatory. The applicants submitted that they shared a "family life" within the meaning of Article 8.

  2. Alternative Dispute Resolution.

    Organizations dedicated to monitoring ADR practice and ensuring professionalism and neutrality provide training, referrals, oversight, and liability insurance (ACR, 2001). With the emergence of the global economy, ADR has become an international practice for multinational businesses (International ADR, 2001) and is being pursued as an alternative to war in disputes

  1. Parliamentary sovereignty

    Notably, Parliament may legislate incompatibly because section 6(3) excludes Parliament from the definition of "public authority". Section 19 requires a minister responsible for a Bill to issue a statement that it is compatible with Convention rights, thus ensuring that Parliament retains the primary responsibility for securing respect for Convention rights (Greer, 1999).

  2. The right to freedom of expression is probably the most universally accepted human right.(2) ...

    The Court ruled that the state was entitled to regard the paintings as morally pernicious and thus had not violated Article 10. The Court seemed to undermine this reasoning in Otto-Preminger Institute v. Austria (1994)(46), in which it also found in favour of the state.

  1. Lon Fuller - professor of Jurisprudence at Harvard.

    Hayek's close identification of the rule of law with the market order is further confirmed by an excellent presentation of the ideas of Soviet theorist Eugene Pashukanis, particularly his Commodity Theory of law, which Fuller suggests should be renamed "the Commodity Exchange Theory of Legal and Moral Duty"[10] and

  2. Where judges do not follow precedent (or where they distinguish binding cases on dubious ...

    * The previous decision was made per incuriam, without considering binding authority that would have led to a different decision. (This exception is very rarely applied.) Incompatible decisions do arise from time to time, particularly where they are made more or less simultaneously by different divisions of the Court.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work