Since, furthermore, a case can only be submitted to the Court and decided by it if the parties have in one way or another consented to its jurisdiction over the case, it is rare for a decision not to be implemented.
However, since international relations are at stake, the agent is also as it were the head of a special diplomatic mission with powers to commit a sovereign State. Contentious cases organized by incidental proceedings, States entitled to appear before the Court, States not members of the United Nations parties to the Statute, States not parties to the Statute to which the Court may be open, Declarations recognizing the jurisdiction of the Court as compulsory, Organs and agencies authorized to request advisory opinions, Series A: Collection of Judgments (1923-1930), Series B: Collection of Advisory Opinions (1923-1930), Series A/B: Collection of Judgments, Orders and Advisory Opinions (from 1931), Series C: Acts and documents relating to Judgments and Advisory Opinions given by the Court / Pleadings, Oral Arguments and Documents, Series D: Acts and Documents concerning the organization of the Court.

0000003593 00000 n Since there is no special International Court of Justice Bar, there are no conditions that have to be fulfilled by counsel or advocates to enjoy the right of pleading before it, the only exception being that they must have been appointed by a government to do so. Any judge wishing to do so may append an opinion to the judgment. In public hearings the agent opens the argument on behalf of the government he/she represents and lodges the submissions.

The Court has rejected all such requests by private parties. A few days after the request has been filed, the Court draws up a list of the States and international organizations that are likely to be able to furnish information on the question before the Court. 0000004152 00000 n The ICJ is the principal legal organ of the United Nations.

In theory, the Court may do without such proceedings, but it has never dispensed with them entirely. 0000001707 00000 n
149 0 obj<>stream When it receives a request for an advisory opinion the Court must assemble all the facts, and is thus empowered to hold written and oral proceedings, similar to those in contentious cases. The conditions applicable in such instances are currently set out in Resolution 9 (1946) adopted on 15 October 1946 by the Security Council (see

%%EOF Then there are provisional measures, interim measures which can be requested by the applicant State if it considers that the rights that form the subject of its application are in immediate danger. 2. Contentious proceedings include a written phase, in which the parties file and exchange pleadings containing a detailed statement of the points of fact and of law on which each party relies, and an oral phase consisting of public hearings at which agents and counsel address the Court. The matter is one for the Court itself to decide. Switzerland (as from 28 July 1948), Liechtenstein (as from 29 March 1950), San Marino (as from 18 February 1954), Japan (as from 2 April 1954) and Nauru (as from 29 January 1988) fell into this category before joining the United Nations. However, the course of the proceedings may be modified by incidental proceedings. The written statements and comments are regarded as confidential, but are generally made available to the public at the beginning of the oral proceedings. Switzerland (1948-2002), Liechtenstein (1950-1990), San Marino (1954-1992), Japan (1954-1956), and Nauru (1988-1999) were all parties to the Statute prior to becoming UN member states. by entering into a special agreement to submit the dispute to the Court; by virtue of a jurisdictional clause, i.e., typically, when they are parties to a treaty containing a provision whereby, in the event of a dispute of a given type or disagreement over the interpretation or application of the treaty, one of them may refer the dispute to the Court; through the reciprocal effect of declarations made by them under the Statute, whereby each has accepted the jurisdiction of the Court as compulsory in the event of a dispute with another State having made a similar declaration. This Article provides that the relevant conditions shall, subject to the special provisions contained in treaties in force, be laid down by the Security Council, but in no case shall such conditions place the parties in a position of inequality before the Court. Article 35, paragraph 1, of the Statute provides that the Court shall be open to the States parties to the Statute, and Article 93, paragraph 1, of the Charter of the United Nations provides that all Members of the United Nations are ipso facto parties to the Statute. In the past, particular declarations have been filed by Albania (1947) and Italy (1953), and general declarations by Cambodia (1952), Ceylon (1952), the Federal Republic of Germany (1955, 1956, 1961, 1965 and 1971), Finland (1953 and 1954), Italy (1955), Japan (1951), Laos (1952) and the Republic of Viet Nam (1952). It is intended for communication to the latter State and the Rules of Court contain stricter requirements with regard to its content. The 69 Articles are grouped in 5 Chapters: Under Article 38.2, the court is allowed to decide a case ex aequo et bono if the parties agree thereto. 0000002856 00000 n

A special agreement must indicate the subject of the dispute and the parties thereto. Usually the States listed are the member States of the organization requesting the opinion. 1278 Statute of # e International Court of Justice TAMS questions of evidence proper, Art.

The conditions imposed have hitherto been the same in each case. 0000004753 00000 n Two other General Assembly resolutions govern, on the one hand, the conditions under which States that are not members of the United Nations but are parties to the Statute may participate in the election of Members of the Court (Resolution 264 (III) adopted by the General Assembly on 8 October 1948) and, on the other hand, the participation of such States in the procedure for amending the Statute of the Court (Resolution 2520 (XXIV) adopted by the General Assembly on 4 December 1969, see Basic Documents on this website). Article 93, paragraph 2, of the Charter of the United Nations provides that States which are not members of the United Nations may become parties to the Statute of the Court on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council. The procedure described above is the normal procedure.


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