CHAPTER XIV The International Court of Justice Annex: The Statute of the International Court of Justice
Characteristics:
Inherits the basic characteristics of PCIJ
Individuals against states in human rights area
European Court of Human Rights Inter-American Court of Human Rights
9.5 Disputes between individuals and/or corporations
On the basis of reciprocity. The jurisdiction to the extent that the two declarations
of the parties to the dispute coincide.
The parties before ICJ:
UN members; Other parties to the Statute.
The jurisdiction is conditional on the consent of the parties to the dispute.
(1) A special agreement (compromis) to accept the jurisdiction.
ICJ has its own jurisdiction( not including criminal jurisdiction), it has no relation with the ad hoc courts of UN.
ICJ is not the appllete court of any domestic court, nor it has any relation with regional courts.
Precursor: Permanent Court of International Justice
the first multilateral judicial body establised in 1922 by the League of Nations
Establishment: UN Charter
9.6.1 Composition of ICJ
15 judges. Elected by both SC and GA. The cases can be heard by the full court (the
quorum is nis Jurisdiction
compensation retaliation
9.4 Disputes between individuals/corporations and states
Mainly happens in investment area
Disputes between foreign investors and host states International Center for Settlement of Investment Disputes
2.3 All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
(2) By treaty, such as
Art. 16(1)of Convention on Lawful Acts against Maritime Navigation 1988,
Art IX of the Convention on Prevention and Punishment of the Crime of Genocide. (TB452)
breakthrough-As the principal judicial organ of UN, ICJ's statute is a part of UN Charter.
Relationship between ICJ and other international dispute resolution bodies
international litigation & international arbitration
Jurisdiction Procedure Applicable law Enforcement Privacy Efficence
9.6 International Court of Justice
Chapter 9
Pacific Settlement of International Disputes
9.3 International Trade Disputes Settlement Mechnism: WTO
GATT from GATT toWTO DSB
Applicalble law: WTO covered agreement Procedure: panel and appellate body Enforcement:
9.6.2 Contentious Jurisdiction
(3) Optional compulsory jurisdiction- Art. 36(2) of ICJ Statute
The parties may declare they recognize as compulsory ipso facto and without special agreement.