The United States Accepts Compulsory Jurisdiction

1946 ◽  
Vol 40 (4) ◽  
pp. 699-719 ◽  
Author(s):  
Francis O. Wilcox
Keyword(s):  
United States ◽  
United Nations ◽  
The United States ◽  
United States Senate ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
One Year ◽  
United Nations Charter

On August 2, 1946, the United States Senate approved the Morse resolution by the overwhelming vote of 62-2, thereby giving its advice and consent to the acceptance on the part of the United States of the compulsory jurisdiction of the International Court of Justice. It was the same Senate which, just one year and one week earlier, had cast a vote of 89-2 in favor of the United Nations Charter. On August 26 Herschel Johnson, acting United States representative on the Security Council, deposited President Truman’s declaration of adherence with the Secretary-General of the United Nations. At long last the United States assumed far-reaching obligations to submit its legal disputes to an international court.

The Relationship between the International Court of Justice and the Security Council in the Light of the Lockerbie Case

1994 ◽  
Vol 88 (4) ◽  
pp. 643-677 ◽  
Author(s):  
Vera Gowlland-Debbas
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
United Nations Charter ◽  
The Relationship ◽  
The Way

The relationship between the International Court of Justice and the Security Council may be approached from the perspective of the United Nations Charter and the way it delimits competences between two principal UN organs and regulates the exercise of their concurrent powers. The Court, however, has a dual, ambivalent role. It is not only the principal judicial organ of the United Nations under Article 92 of the Charter; it is also an autonomous adjudicative body with the function, under Article 38 of its Statute, of applying international law to such disputes between states as are brought before it. Viewed in the light of Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie, the relationship between the judicial and political organs raises some fundamental questions of general international law that go beyond UN constitutional issues.

scholarly journals The international court of justice at the crossroad between law and politics the example of the caselaw on nuclear weapons

Eudaimonia ◽  
2021 ◽  
pp. 37-62
Author(s):  
Irene Miano
Keyword(s):  
United Nations ◽  
Nuclear Weapons ◽  
International Court Of Justice ◽  
Law And Politics ◽  
Court Of Justice ◽  
International Court ◽  
The World ◽  
The United Nations ◽  
United Nations Charter ◽  
The Guardian

The International Court of Justice is identified by Article 92 of the United Nations Charter as the “principal judicial organ of the United Nations”. This definition has consecrated the International Court of Justice as the World Court, as the guardian of the application of international law. Is this picture still actual? Is the International Court of Justice currently performing a guardian role? What does it happen when highly politically sensitive issues, like nuclear proliferation and nuclear disarmament, arrive before this Court? To address these questions, this work will analyse the case-law of the International Court of Justice on nuclear weapons. Retracing the jurisprudence of this Court on this issue will shade a light on many characteristics of the World Court and its members, questioning its concrete role in the present international arena.

Sources and the Hierarchy of International Law

2018 ◽  
Author(s):  
Erika de Wet
Keyword(s):  
United Nations ◽  
International Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Separate Source ◽  
The United Nations ◽  
United Nations Charter ◽  
Peremptory Norms ◽  
Different Sources

This chapter questions whether there is a hierarchy among the sources of international law and whether such a hierarchy is important for resolving norm conflicts stemming from the different sources of international law. It first examines whether the order between the sources listed in Article 38 (1) (c) of the International Court of Justice (ICJ) Statute is an indication of a hierarchy in accordance with the order and form in which the sources are listed or moulded. Thereafter, the chapter examines whether peremptory norms represent a substantive hierarchy. It also questions whether peremptory norms can be categorized in accordance with the sources listed in Article 38 (1) (c), or whether they constitute a separate source in international law. The chapter further engages in a similar analysis of obligations under the United Nations Charter. It concludes that peremptory norms and obligations under the Charter are indicative of a substantive hierarchy in international law.

Book V International Disputes and Courts, 25 The International Court of Justice

2016 ◽  
Author(s):  
Wilmshurst Elizabeth
Keyword(s):  
United Nations ◽  
International Affairs ◽  
International Court Of Justice ◽  
International Courts ◽  
Court Of Justice ◽  
International Court ◽  
The Hague ◽  
The United Nations ◽  
United Nations Charter ◽  
The Impact

This chapter showcases the International Court of Justice. Located in the Peace Palace at The Hague, the Court was established by the United Nations Charter as a forum for settling international disputes. It is now one of a number of international courts, but it remains the principal judicial organ of the United Nations. Most of the detailed provisions relating to its functions and powers are to be found in the Statute of the Court which is annexed to the UN Charter and forms an integral part of it. While few diplomats in the course of their careers are likely to appear before the Court as representatives of their governments, the use of the Court to settle disputes, and the impact of the Court’s decisions more generally, are significant features of the conduct of international affairs.

UN INTERNATIONAL COURT PRACTICE: ACHIEVEMENTS AND CHALLENGES

2020 ◽  
Author(s):  
Мадина Алиевна Умарова
Keyword(s):  
United Nations ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
Court Practice

В статье анализируется практика Международного суда ООН, определяются проблемные аспекты его деятельности, обусловленные рядом проблем как правового, так и международного характера. The article analyzes the practice of the International Court of Justice of the United Nations, identifies the problematic aspects of its activities, due to a number of problems, both legal and international.

Some Observations on the ICJ’s Procedural and Substantive Innovations

1987 ◽  
Vol 81 (1) ◽  
pp. 116-121 ◽  
Author(s):  
Thomas M. Franck
Keyword(s):  
United States ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Future

The decision of the International Court of Justice in the case between Nicaragua and the United States brims with important procedural and substantive implications for the future of law and adjudication in disputes between states.

Judge Stephen Schwebel: International Jurist Extraordinaire

2011 ◽  
Vol 11 (1) ◽  
pp. 55-64 ◽  
Author(s):  
Lesley Dingle
Keyword(s):  
United States ◽  
The United States ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Distinguished Career ◽  
International Court ◽  
Law Library

AbstractThis is a further contribution to the Squire Law Library Eminent Scholars Archive by Lesley Dingle. It is based on interviews with Stephen Schwebel about his distinguished career as an international jurist in the United States and at the International Court of Justice.

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