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    UN's Principal Judicial Organ It Came Into Being in 1945 Through The

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    Charshii
    The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It has 15 judges who serve 9-year terms and no two judges can be from the same state. The ICJ has both contentious and advisory jurisdiction over legal disputes referred by UN member states and agencies. For contentious cases, states must consent to the ICJ's jurisdiction, either through treaties, optional clauses, or ad hoc agreements to hear a specific dispute. The ICJ's judgments are final and binding with no appeals allowed.

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    UN's Principal Judicial Organ It Came Into Being in 1945 Through The

    Uploaded by

    Charshii
    24 views12 pages
    The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It has 15 judges who serve 9-year terms and no two judges can be from the same state. The ICJ has both contentious and advisory jurisdiction over legal disputes referred by UN member states and agencies. For contentious cases, states must consent to the ICJ's jurisdiction, either through treaties, optional clauses, or ad hoc agreements to hear a specific dispute. The ICJ's judgments are final and binding with no appeals allowed.

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    The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It has 15 judges who serve 9-year terms and no two judges can be from the same state. The ICJ has both contentious and advisory jurisdiction over legal disputes referred by UN member states and agencies. For contentious cases, states must consent to the ICJ's jurisdiction, either through treaties, optional clauses, or ad hoc agreements to hear a specific dispute. The ICJ's judgments are final and binding with no appeals allowed.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    24 views12 pages

    UN's Principal Judicial Organ It Came Into Being in 1945 Through The

    Uploaded by

    Charshii
    The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It has 15 judges who serve 9-year terms and no two judges can be from the same state. The ICJ has both contentious and advisory jurisdiction over legal disputes referred by UN member states and agencies. For contentious cases, states must consent to the ICJ's jurisdiction, either through treaties, optional clauses, or ad hoc agreements to hear a specific dispute. The ICJ's judgments are final and binding with no appeals allowed.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 12

    ICJ

    UN’s principal Judicial Organ

    It came into being in 1945 through the


    statute of the international court of
    justice
    COMPOSITION OF THE
    ICJ

    15 members (art. 3)

    no two members may be nationals of the


    same state(art. 3)

    9 years term as a judge of the ICJ


    Art 2

    Posses the qualifications required in their


    respective countries for appointment to the
    highest judicial offices

    Qualifications: any person qualified to


    become a Supreme Court justice in his own
    country.
    Art. 26

    The may from time to time frm one or more


    chambers, composed of three or more judges as
    the court ma determine, for dealing with
    particular case.

    The judge in a party to a case should not


    belong to the same nationality of the state
    party.
    JURISDICTION OF THE
    ICJ

    Contentious Jurisdiction

    Advisory Jurisdiction
    CONTENTIOUS
    JURISDICTION

    1.All cases which the parties refer to it, and all


    matters specially provided in the UN charter or
    in treaties and conventions in force.
    2. All legal disputes concerning the following:
    (FIQE)
    • Interpretation of a treaty
    • Questions of public international law
    • The existence of any fact, which if established,
    will constitute a breach of an international
    obligation
    • The nature or extent of the reparation to be
    made for the breach of an international obligation
    ACCEPTANCE OF
    JURISDICTION
     (SCOF)

     1. Special agreement or a compromis also known as consent ad hoc,


    a unilateral application followed by the consent of state (compromis is
    the actual legal document signed by the parties to a dispute).

     Special Agreement - known as a compromis, agreement or treaty,


    wherein the states through their representatives manifests their consent
    to submit to the jurisdiction of the ICJ, or a unilateral application. Both
    may be referred to as consent ad hoc.
     2. Clause in a treaty – may also be referred to as consent ante hoc.
    When there is a clause or provision in the treaty whereby the parties
    adheres or accepts the jurisdiction of the ICJ in any matter pertaining to
    the application and interpretation of the provisions of a treaty.

     3. Optional system – also known as consebt ante hoc. the states,


    parties to the statute of the ICJ, may vote to make a unilateral
    declaration recognizing the jurisdiction of the court as binding, with
    respect to any other state also accepting it as binding. If both believes in
    a particular matter that the ICJ has jurisdiction over the principle of
    public international law, even in the absence of a treaty or agreement,
    they are bound to the jurisdiction of the ICJ in that particular matter.
    Forum Proragatum – also referred to as
    consent post hoc.

    hypothetical situation: two or more states party


    agree to a dispute, one refused but later on that
    state wants to participate.

    A party voluntarily participates in the


    proceedings before the ICJ and during the
    course of the case after it has initiated.
    ADVISORY JURISDICTION
     Usually invoked by united nations specialized agencies

     Pertains to non-litigious matters and pertains to


    administrative matters or the day-to-day operations of the UN

     No actual case or controversy

     Invokes said jurisdiction only for guidance on their


    respective operations

     Members of the UN, particularly officers and employees,


    are granted international immunity for functional
    independence.
    NATURE OF JUDGMENTS
    OF THE ICJ
     Always considered as final, as far as a particular issue.

     Appeals are not allowed

     The remedy available is an action for a revision of


    judgment, on the ground of the discovery of a fact that
    was not available during the trial and which might be a
    decisive factor to the decisions must be alleged. No
    prescriptive period

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