International Court Of Justice
The International Court Of Justice (ICJ) is the principal judicial organ of the United Nations, which succeeded the Permanent court of International Justice after World War Two. It gains its legitimacy from Article 92 of the UN Charter which allows it to function " in accordance with the annexed Statute, which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter". By Article 93 all members of the UN are ipso-facto members of the Statute and that states not members may become parties, on conditions to be determined in each case by the UN General Assembly on recommendation of the Security Council. Therefore allowing countries such as Switzerland and San Marino, though not members of the UN, to be parties to the Statute of the Court. The court consist of 15 judges, no two of whom may be Nationals of the same state, elected by the General assembly and the Security Council. They are elected for 9 years and are eligible for The seat of the court is in Hague, Holland, but it may hold sessions elsewhere whenever it considers desirable. It is a continuing body. The Statute provides that it is permanent
) One reason for this compliance is the use of the ICJ on a voluntary basis. Article 96 of the Charter provides that such opinions may be requested by the General Assembly or the SC and by other organs of the UN and specialized agencies, when authorised by the GA. The decision of the court is final and without appeal. Cases are brought before the court either by the notification to it of a special agreement concluded by the parties or by the unilateral action of one of them through a written appeal to the registrar. The deliberation of the court are held in private, but the judgements, which are by majority vote, are read in open court. the Court may require certain provisional measures before a final judgement. In some cases, like the above, one or more of the involved parties refuse to accept the jurisdiction of the court, thus resulting in the court being ineffective. In this case Iran contested and duly ignored the ICJ's jurisdiction. These procedures were used in the Corfu Channel, Temple of Preah Vihear and in South West Africa(1966). An example of a successful case where the ICJ is effective is in territorial waters and fishing rights in the "Fisheries" case (1951). However the ICJ is noted for its failures to successfully resolve inter-state disputes. In the case of a tie, the President may cast a deciding vote; this was done in the South West Africa Case where a 7-7 vote was cast. in any case to which it is a party" and a further provision that: IF any party to a case fails to perform the obligations incumbent upon it under a judgement rendered by the court, the other party may have recourse to the Security Council, which may, if it deem necessary, make recommendations or decide upon measures to be taken to give effect to the judgement. However, it cannot be wholly blamed as parties involved in claims often request for more time to prepare their cases.
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Acceptance Essays
