The International Court of Justice after Fifty Years

1995 ◽  
Vol 89 (3) ◽  
pp. 493-505 ◽  
Author(s):  
Robert Y. Jennings

The International Court of Justice was brought into being by the Charter of the United Nations (Articles 7(1), 36(3), and 92-96), and by the Statute of the Court which was made an integral part of the Charter; both of which instruments were signed at San Francisco on June 26, 1945. The most important difference between the Statute of the new Court and that of its predecessor, the Permanent Court of International Justice, on which the new Statute was based, was that the new Court was to be one of the “principal organs” of the United Nations. The Charter and the new Statute entered into force on October 24, 1945. After the election of the Court’s first members the new Court met for the first time in the Peace Palace at The Hague on April 1, 1946, under the presidency of Judge Guerrero, with Judge Basdevant as Vice-President.

Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James

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.


Author(s):  
Wilmshurst Elizabeth

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.


1973 ◽  
Vol 8 (2) ◽  
pp. 197-253 ◽  
Author(s):  
Shabtai Rosenne

The Rules of Court which the International Court of Justice adopted in 1946, on the commencement of its existence, were essentially a reproduction of the Rules of Court adopted by the Permanent Court of International Justice on March 11, 1936 with such alterations as became necessary after the changes incorporated in the new Court's Statute, in comparison with that of the Permanent Court. When the Court adopted those Rules it did so with the intention of undertaking a more thorough revision after more experience of the judicial function had been acquired. Since then, the Court has had the matter under review, but for over twenty years nothing concrete has emerged.The Court has had a rough passage in this period. This is demonstrated by insufficient judicial business, bitter debates on its role in the United Nations both in connection with advisory opinions and in connection with the inclusion of jurisdictional clauses in multilateral treaties drawn up in United Nations meetings, widespread mistrust of the Court as an institution and of judicial settlement as a mode for the pacific settlement of international disputes, and a general malaise attending everything to do with the Court.


Author(s):  
Мадина Алиевна Умарова

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.


1946 ◽  
Vol 40 (4) ◽  
pp. 699-719 ◽  
Author(s):  
Francis O. Wilcox

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.


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