Law 19983 on
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C AND T: judicial settlement involves the reference of spites to permanent tribunals for legally binding solution Courts with general jurisidictiion. As one of the six main organs of the United Nations and its principal judicial Organ, the International Court of Justice (ICJ) has guaranteed impartial Adjudication free of political pressure or economic bargaining since 1945.The International Court of Justice works in French and English and is located at the Peace Palace in The Hague, Netherlands.
functions: achieve peaceful resolution of disputes
Submitted by sovereign member states in accordance with international lawNon-Member States may also appear
Before the Court; however, they must meet the terms outlined by the General
Assembly under the recommendation of the Security Council.These non-member States also have to
Accept the “Statute of the International Court of Justice,” as well as agree to
Abide by the decision of the International Court of Justice and make annual
Contributions to the Court.The
Court also provides advisory opinions on questions of law submitted by any
Organ of the United Nations duly authorized by the United Nations General
Assembly.
JUDICIARY :consists
Of 15 judges each with 9-year terms in office renewable. 5 judges come from the
Western part of the world, three from Africa, three from Asia, two from Latin
America, and two from Eastern Europe.The judges are elected at the United Nations
Headquarters via secret ballot by the General Assembly and the Security Council. The judges are independent , not reflect or represent their governments in any way.
DECISION-MAKING:oProcedure
Before the Court is governed by its Statute and the Rules of the Court. Basis: the Court makes decisions for the majority of its cases. ART 38 Court function is to decide in a accordance with international law: international conventions (general or particular) establishing rules expressly recognized by states. International custom. The general principles of law recognized by civilized nations. Precedent- also known as stare decisive does not apply to the decisions of the Court. Court rarely deviates from its precious decisions and treats those decisions as precedent.
PRECEDURE: JUDGEMENTS: resolutions of disputes between States achieved in several steps. 2 wats to file suit: first method is special agreement in which parties to the dispute agree to lodge a complaint. The second method is submitting an application. Proceeding include written (filing and exchanging pleadings) and oral (public hearings addressing the court) phase. After the completion of the proceeding each party reads their final submission.After
This submission, the members of the Court retire for individual research,
Exchange of notes, and collective secret deliberations.public reading of the Judgment or
Opinion including separate or dissenting opinions take place in the Great Hall
Of Justice.ADVISORY OPINIONS:Only
The five organs of the United Nations and the 16 specialized agencies of the
United Nations may ask the ICJ.Court
May give an advisory opinion on any legal question at the request of whatever
Body may be authorized by or in accordance with the Charter of the United
Nations to make such a request.§the Opinion is released to the
Secretary General, members of the United Nations, and Member States or
International organizations.Decisions of the Court have no
Binding force unless the parties agree to this beforehand.