Wednesday 6 December 2017

THE WORLD COURT-COMPOSITION AND FUNCTIONS

The World Court-Composition and Functions

 The International Court of Justice is the principal judicial organ of the United Nations. Its statute is an integral part of the UN Charter. The Court is open to all states which are parties to its statute, and automatically includes all members of the United Nations. A state which is not a member of the UN may become a party to the statute on conditions determined in each case by the General Assembly upon the recommendations of the Security Council. All countries which are parties to the statute of the Court can be parties to cases before it. Other states can refer cases to it under conditions laid down by the Security Council. In addition, the Security Council may recommend that a legal dispute be referred to the Court. Both the General Assembly and the Security Council can ask the Court for an advisory Opinion on any legal question; other organs of the United Nations and the specialised agencies, when authorised by the General Assembly, can ask for advisory opinions on legal questions within the scope of their activities. 
THE WORLD COURT-COMPOSITION AND FUNCTIONS

Jurisdiction

The jurisdiction of the Court covers all questions which states refer to it, and all matters provided for in the United Nations Charter or in treaties or conventions in for'ce. States may bind themselves in advance to accept the jurisdiction of the Court in special cases, either by signing a treaty or convention which provides for referral to the Court or by making a special declaration to that effect. Such declarations accepting compulsory jurisdiction may exclude certain classes of cases. In accordance with Article 38 of its statute, the Court, in deciding disputes submitted to it, applies:
  1.  International conventions establishing rules recognised by the contesting States; 2. International custom as evidence of a general practice accepted as law; '
  2. The general principles of law recognised by nations; and 
  3. Judicial decisions and the teachings of the most qualified publicists of the various nations, as a subsidiary means for determining the rules of law; 


Membership 

The Court consists of 15 Judges elected by the General Assembly and the Security Council, voting imlopendently. 'lhey are chosen on the basis of their qualifications, not on the basis of nationality, and care is taken to ensure that the principal legal systems of the world are mpresonted in the Court. No two Judges can be. nationals of the same state. The Judges serve for a term of nine years and may be reelected. “they cannot engage in any other occupation during their term of office. 
   The Court normally sits in plenary session, but it may also form smaller units called chambers if the parties so request. Judgements given by chambers are considered as rendered by the full Court. 
Membership


Judicial Settlement of Disputes 

The primary United Nations organ for the settlement of disputes is the International Court of Justice. Since its founding in 1946, states have submitted 119 cases to it, and international organisations have requested 23 advisory opinions. Most cases have been dealt with by the full Court, but since 1981 four cases have been referred to special chambers at the request parties.

The World Court, as it is popularly known, has made scores of judgements on international disputes involving economic rights, rights of passage, the non-use of force, non-interference in the internal affairs of states, diplomatic relations, hostage-taking, the right of asylum and nationality. Countries bring such disputes before the Court in search of an impartial solution to their differences. By achieving a peaceful settlement on questions such as land frontiers, maritime boundaries and territorial sovereignty, the Court has often helped to prevent the escalation of disputes. 
  Judicial Settlement of Disputes

In 1992, Libya brought two cases ~one against the United Kingdom and one against the United States concerning the interpretation or application of the convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, arising out of the crash, in 1988, of Pan American flight 103 at Lockerbie, Scotland. The cases are still pending before the Court. 

In 1993, Bosnia and Herzegovina brought a case against the Federal Republic of Yugoslavia concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide. The Court called upon the parties to prevent further commission of the crime of genocide and further aggravation of the dispute. In 1996, the Court rejected the objections to its jurisdiction raised by Yugoslavia; the case is still, pending before the Court. 

The Court in 1996 rejected objections by the United States to its jurisdiction in a case concerning the destruction of Iranian oil platforms by United States warships, and found that it had jurisdiction to consider some of Iran’s claims.

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