Poland Accepts the Optional Clause of the ICJ Statute

1991 ◽  
Vol 85 (2) ◽  
pp. 374-375
Author(s):  
Renata Szafarz
Keyword(s):  
United Nations ◽  
Eastern Europe ◽  
Secretary General ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The United Nations

On September 25, 1990, Poland deposited a declaration with the Secretary-General of the United Nations accepting the compulsory jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2 of the Statute of the Court. It is the first country from Central or Eastern Europe to have done so and the fifty-second state now maintaining an effective declaration.

4. Resolution of the General Assembly Concerning Conditions on which Switzerland may become a Party to the Statute of the International Court of Justice, December 10, 1946.

1947 ◽  
Vol 1 (2) ◽  
pp. 410-410
Keyword(s):  
United Nations ◽  
Security Council ◽  
Constitutional Law ◽  
Secretary General ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
The Government

THE GENERAL ASSEMBLY THEREFORE DETERMINES, in pursuance of Article 93 paragraph 2 of the Charter, and upon the recommendation of the Security Council, the conditions on which Switzerland may become a party to the Statute of the International Court of Justice, as follows:Switzerland will become a party to the Statute of the Court on the date of the deposit with the Secretary-General of the United Nations of an instrument, signed on behalf of the Government of Switzerland and ratified as may be required by Swiss constitutional law, containing:(a) Acceptance of the provisions of the Statute of the Court;(b) Acceptance of all the obligations of a Member of the United Nations under Article 94 of the Charter;

Part 4 Adjudication Within the United Nations System, 29 The International Court of Justice

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The Hague ◽  
Rules Committee ◽  
The United Nations ◽  
United Nations System ◽  
Nations System

This chapter begins by discussing the International Court of Justice (ICJ) as a principal organ of the UN. The ICJ is the only UN principal organ that has its seat in The Hague. It consists of a Bench, a Registry, and a modest but important staff. All judges, who have to be able to work in French or English, are expected to sit on one of the Court’s two major committees, the Rules Committee, and the Budgetary and Administrative Committee. The chapter covers the Bench of the ICJ, the Court’s functions, the ICJ as distinct from other principal organs; ICJ financing and the UN; the ICJ and other courts and tribunals; methods of work of the ICJ; and ICJ efficiency.

‘Killing Three Birds with One Stone’? The Preliminary Objections Judgments of the International Court of Justice in the Legality of Use of Force Cases

2005 ◽  
Vol 18 (2) ◽  
pp. 237-255 ◽  
Author(s):  
SIMON OLLESON
Keyword(s):  
United Nations ◽  
Use Of Force ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
The United Nations

The ICJ in its judgments on the preliminary objections in the Legality of Use of Force cases held that it had no jurisdiction to hear the claims. Despite the unanimous concurrence in that result, it is clear that there were deep divisions within the Court as to the ground on which that decision should have been reached; only a bare majority subscribed to the reasoning that the Court was required to rule on the question of its jurisdiction ratione personae in relation to Serbia and Montenegro's uncertain status within the United Nations prior to 2000. The minority judges were highly critical of the choice of that basis of decision, in particular given its apparent implications for other cases pending before the Court.

The Recommendations Made by the International Court of Justice

2007 ◽  
Vol 56 (1) ◽  
pp. 185-198 ◽  
Author(s):  
Jean D' Aspremont
Keyword(s):  
United Nations ◽  
Democratic Republic ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
Republic Of The Congo ◽  
The United Nations

Any observer of the practice of the International Court of Justice (hereafter the ICJ or the Court) may have noticed the growing tendency of the United Nations judicial body to formulate recommendations to the parties that have appeared before it. Indeed, the Court is more and more inclined to recommend that the parties allay their dispute and alleviate all ensuing human sufferings. This leaning is particularly observable when the Court simultaneously dismisses a request for the indication of provisional measures. For instance, in the recent order rendered by the Court in the case concerning the Armed Activities on the Territory of Congo (Democratic Republic of the Congo v Rwanda), the Court made the following declaration:

4. Resolution of the General Assembly on Reparation for Injuries Incurred in the Service of the United Nations, December 1, 1949.

1950 ◽  
Vol 4 (1) ◽  
pp. 169-169
Keyword(s):  
United Nations ◽  
Secretary General ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations

The General Assembly,Considering its request to the International Court of Justice for an advisory opinion, formulated in resolution 258 (III) of 3 December 1948 concerning reparation for injuries incurred in the service of the United Nations,Having regard to the advisory opinion rendered by the International Court of Justice on 11 April 1949.Considering that it is highly desirable that reparation be secured for injuries incurred in the service of the United Nations,Considering that the Secretary-General has submitted in his report of 23 August 1949 (A/955) a number of proposals relating to the aforementioned advisory opinion,

1. Advisory Opinion of the International Court of Justice Concerning Reparation for Injuries Suffered in the Service of the United Nations, April 11, 1949.

1949 ◽  
Vol 3 (3) ◽  
pp. 569-579
Keyword(s):  
United Nations ◽  
Secretary General ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Future ◽  
The United Nations

On December 3rd, 1948, the General Assembly of the United Nations adopted the following resolution:“Whereas the series of tragic events which have lately befallen agents of the United Nations engaged in the performance of their duties raises, with greater urgency than ever, the question of the arrangements to be made by the United Nations with a view to ensuring to its agents the fullest measure of protection in the future and ensuring that reparation be made for the injuries suffered; andWhereas it is highly desirable that the Secretary-General should be able to act without question as efficaciously as possible with a view to obtaining any reparation due; thereforeThe General Assembly

2. Advisory Opinion of the International Court of Justice Concerning Conditions of Admission of a State to Membership in the United Nations, May 28, 1948

1948 ◽  
Vol 2 (3) ◽  
pp. 568-573
Keyword(s):  
United Nations ◽  
Security Council ◽  
Secretary General ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
In Virtue Of

On November 17, 1947, the General Assembly of the United Nations adopted the following Resolution:“The General Assembly,Considering Article 4 of the Charter of the United Nations,Considering the exchange of views which has taken place in the Security Council at its Two hundred and fourth, Two hundred and fifth and Two hundred and sixth Meetings, relating to the admission of certain States to membership in the United Nations,Considering Article 96 of the Charter,Requests the International Court of Justice to give an advisory opinion on the following question:Is a Member of the United Nations which is called upon, in virtue of Article 4 of the Charter, to pronounce itself by its vote, either in the Security Council or in the General Assembly, on the admission of a State to membership in the United Nations, juridically entitled to make its consent to the admission dependent on conditions not expressly provided by paragraph 1 of the said Article? In particular, can such a Member, while it recognizes the conditions set forth in that provision to be fulfilled by the State concerned, subject its affirmative vote to the additional condition that other States be admitted to membership in the United Nations together with that State?Instructs the Secretary-General to place at the disposal of the Court the records of the above-mentioned meetings of the Security Council.”

scholarly journals REFORMING THE INTERNATIONAL COURT OF JUSTICE: THE URGENCY FOR A MORE ADVANCED SCOPE OF JURISDICTION

2020 ◽  
Vol 4 (1) ◽  
pp. 67-78
Author(s):  
Novena Clementine Naomi
Keyword(s):  
United Nations ◽  
Current System ◽  
International Court Of Justice ◽  
Friendly Relation ◽  
Court Of Justice ◽  
International Court ◽  
Core Elements ◽  
The Icj ◽  
The United Nations ◽  
Settlement Of Disputes

Abstract It can be argued that in facing the paramount problems of the twenty first century, one of the core elements of establishing a world with friendly relation among States is by the constitution of a healthy judicial field considering the fact that disputes among States are in no way can be avoided. For more than seven decades the International Court of Justice has served the world and the Member States of the United Nations in particular with judicial service as it bears the function as the principal judicial organ of the United Nations. However, by analyzing the development of international law, while the ICJ has contributed to improving the relation between States by way of providing States with the proper settlement of disputes, the current system—mostly designed at a time of different global challenges and priorities—seems to have exceeded its capacity to be nimble and responsive to the needs of today’s world. This article seeks to offer recommendations on how to optimize the Court’s function by means of reforming its contentious jurisdiction. The purpose of this article is to open more possibilities to optimize the Court, by making the Court’s jurisdiction mandatory and compulsory to all States and offer a possibility of expansion of jurisdiction as to include ratione materiae jurisdiction. Keywords: Jurisdiction, International Court of Justice, Reform   Abstrak Dapat dikatakan bahwa dalam menghadapi masalah terpenting di abad dua puluh satu, salah satu unsur utama dalam menciptakan dunia dengan hubungan baik antar negaranya adalah melalui terciptanya ranah peradilan yang sehat, menimbang sengketa antar negara yang merupakan sebuah keniscayaan. Selama lebih dari tujuh dekade, Mahkamah Internasional telah melayani dunia dan negara anggota dari Perserikatan Bangsa-Bangsa terkhusus dalam hal penyediaan pelayanan peradilan terkait dengan fungsinya sebagai organ peradilan utama Perserikatan Bangsa-Bangsa. Bagaimanapun, dengan menganalisa perkembangan hukum internasional, walaupun Mahkamah Internasional telah berkontribusi dalam meningkatkan hubungan baik antar negara dengan cara menyediakan cara penyelesaian sengketa yang memadai, sistem yang ada sekarang ini—sebagian besar dirancang pada masa dengan tantangan dan prioritas global yang berbeda—tampaknya telah tidak efektif dalam menanggapi kebutuhan dunia zaman ini. Tulisan ini bertujuan menawarkan rekomendasi-rekomendasi perihal optimalisasi dari fungsi Mahkamah Internasional dengan cara reformasi yurisdiksi kasus kontensius yaitu diantaranya dengan menjadikan yurisdiksi Mahkamah sebagai wajib bagi setiap negara anggota, serta memperluas jangkauan yurisdiksi Mahkamah berdasarkan prinsip ratione materiae. Kata Kunci: Mahkamah Internasional, Reformasi, Yurisdiksi

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