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09-08-2012, 04:36 AM
Q. International court of justice does not have jurisdiction without the consent of the states. discuss fully. (2000)
Q. What is role and function of international court of justice. (2005)
1. Introduction:
International court of justice is the principal judicial organ of the united nations. the permanent court of international justices established by the League of nation 1920. after the establishment of united nation this court was named international court of international justice. only states may be parties before international court of justice. the rules and charter do not permit the individual to file petitions in the court. non members of the united nation may also become parties before the court. it is fact that international court of justice suffer from a number of defects.
2. Structure and composition of international court of justice:
Number of judges:
International court of judges consist of 15 judges.
Period of appointment:
The judges are appointed for the period of 9 years.
Official language of the court:
English and French.
Permanent headquarter of the court:
Hague is the permanent headquarater of the court.
Appointing authority of the judges:
Judges are appointed by the general assembly as well as security council.
Qurum of the Court:
Qurum for full bench of the court is nine judges.
No two judges can be national of the same state.
Re- election of judges:
Judges of the court can be re- elected.
Qualification for judges:
(i) Highly moral character.
(ii) Capable for appointment to the highest judicial official officers or.
(iii) Jurists consuls of recognized competence in the international law.
One third of total judges are retired after every three years.
3. States which are eligible to apply the court:
(i) Member states of the united nations.
(ii) Non- members of united nations.
4. Procedure for filing case in the court:
The states which are parties to the statue and other states who accepts the jurisdiction of the court submit a declaration to the registrar of the court that they will comply the decision of the court.
5. Jurisdiction of the court of international justice:
Following are types of the jurisdiction of international court of justice.
I. Voluntary jurisdiction:
Voluntary jurisdiction is such jurisdiction in which parties refer to the court by agreement. for decision of an international dispute. the dispute may be referred by one party or both the parties.
II. Obligatory jurisdiction:
Article 32(2) confers that the states who are parties to the present statute, may at any time declare that they recognize as compulsory IPSO facto and without special agreement, in relation to any other state accepting the same obligation.
Modes of declaration:
(i) Conditional.
(ii) Unconditional.
Matters regarding which dispute can be referred:
The parties to the statute may confer compulsory jurisdiction on the following matters:
(i) The international of a treaty.
(ii) Any question of international law.
(iii) The existence of any fact which if established would constitute a breach of an international obligation.
(iv) The nature or extent of the reparation to be made for the breach of ab international obligation.
III.Advisory jurisdiction:
International court of justice may give an advisory opinion on any legal question any body which has been authorized in accordance with the charter of the united nations or in accordance with the statute. international court of justice also act as an adviser on point referred to it by the general assembly or security council. the other organs of unity national and specialized agencies may also request to the court to give an advisory opinion on any legal question. the power to give advisory opinion conferred upon to the court is discretionary.
Eastern carelia case PCLJ series B:
The permanent court of the international justice declined to give an opinion on the ground that answering the question would be substanitally equivalent to deciding the dispute between the parties.
(i) Nature of advisory jurisdiction:
The advisory opinion given by the international court of justice is not binding upon the parties.
6. Law applied by the court:
According to article 38 of statute lays down that the international court of justice whose function is to decide in accordance with international law such disputes as are submitted to it shall apply.
(i) International conventions, whether general or particular, establishing rules expressly recognized by the civilized nations.
(ii) International custom as evidence of a general practice accepted as law.
(iii) General principles of law recognized by the civilized nations.
(iv) Subject to the provisions of article 59 of the statue, judicial decisions and the teaching of the most highly qualified publicists of the various nations, as subsidery means for determination of rules of law.
7. Main object of the establishment of international court of justice:
The main object of the establishment of international court of justice is to settler international disputes which might lead to breach of peace.
8. Inherent powers of ICJ:
The international court of justice has inherent powers. the jurisdiction of ICJ is based upon the consent of the parties. all members of U. N are IPSO facto parties to the stateute of the court.
9. Role of international court of justice in the development of international law:
In the rapid development of international law of this era, the vital role of the international court of justice can not be denied. it has made pronouncements on territorial disputes and also on such diverse matters as on Asylum, nationality, trustship, law of sea, the status of foreign investment and sovereignty.
10. Conclusion:
To conclude it can be said that international court of justice has important role in the maintenance of international peace and also in the development of international law. this court is an important organ of the united nations, unfortunately the statute of the court makes no position for enforcement of its judicial decision.