Role of icj in solving internation dispute

1. PPT ON
Role of icj in solving
international dispute

2. Introduction:-
 the principal judicial organ of the United Nations (UN),the Court sits
in
The Hague, Netherlands. It is sometimes known as the World Court.
There are 15 judges elected by theGeneral Assembly and the Securi
ty Council. No two judges maybe nationals of the same state. Only s
tates are competentto bring contentious cases to the Court. The basi
s of the Court's jurisdiction is consensual and is prescribed in Article
36 ofthe Court's statute. The Court's judgment is binding only on tho
se states party to the case. There is no STARE DECISIS.
The Court is also competent to give an advisory opinion at the reque
st of the General Assembly or Security Council or specialized agenc
y at any time authorized by the General Assembly so to do. The Cou
rt's judgment is ‘final and withoutappeal’. However, a request for con
struction or interpretation of the judgment may be made, as may a re
vision of thejudgment in certain specified circumstances. Advisory op
inions are of no legal binding effect but have proved to be highlypers
uasive. All members of the United Nations undertake to comply with
the decision of the ICJ in any case to which it is apart. In the event o
f failure to comply, the other party may exercise recourse to the Sec
urity Council. The Security Council
may make such recommendations or authorize such measures as re
quired to give effect to the judgment.

3. Establishing the
ICJ:-
Dispute the failure of league of nation.
As its fails to maintain peace &
security.
Outbreak of second world war

4. Organization of the
court:-
Acc. To chapter-1 of statue of the icj,
the court consist of 15 judges elected
by the general assembly of the united
nation and its security council for 9
years.
Elections are held every 3 years for a
third of the seat.
The judges must be to have the
qualification required for appointment
to the highest judicial offices in their
country.

5. Component of the
court:-
Chapter-2 of the statute of icj had
defined the competence of the court.
Article-36 of the statute which stated
that:-
i. The jurisdiction of the court comprises
all cases which the parties refer to it.
ii. The states parties to the present
statute may at any time declare that
they recognize as compulsory ipso
facto & without special agreement, in
relation to any other state accepting
the same obligation, the jurisdiction of
the court in all legal disputes
concerning.

6. a) The interpretation of a treaty.
b) Any question of international law.
c) The existence of any fact which, if
establishing would constituted a
beach of an international
organization.
d) The nature or extent of the reparation
to be made for the beach of an
international obligation

7. Article-38 stated that:-
1) The court whose function is to decide
in accordance with international law
such dispute as are submitted so it ,
shall apply:-

8. a) International convention. Whether
general or particular, establishing rules
expressly recognized by the contesting
states.
b) International custom, as evidence of
general practice accepted by law.
c) The general principle of law recognized
by civilized.
d) Subject to the provision of Article-59,
judicial decision & the teaching of the
most highly qualified publicists of the
various nation, as subsidiary mean for
determination of rules of law.

9. 2) This provision shall not prejudice the
power of the court to decide a case
ex aliquot bono, if the parties are
agree there to

10. The icj & the international
disputes:-
The icj , as the principal judicial organ
of the united nation, is the only truly
universal judicial body. It is open to all
states of the international community.
It enjoys the comprehensive subject
matter jurisdiction embracing all
aspects of pil, yet its effective
jurisdiction remain consensual and
constrained.

11. Case:- The Republic of Nicaragua v. The United States of
America (1986) ICJ 1 is a public international law case
decided by the International Court of Justice (ICJ). The
ICJ ruled in favor of Nicaragua and against the United
States and awarded reparations to Nicaragua. The ICJ
held that the U.S. had violated international
law by supporting the Contras in their rebellion against
the Nicaraguan government and by mining Nicaragua's
harbors. The United States refused to participate in the
proceedings after the Court rejected its argument that
the ICJ lacked jurisdiction to hear the case. The U.S.
later blocked enforcement of the judgment by
the United Nations Security Council and thereby
prevented Nicaragua from obtaining any actual
compensation.[2] The Nicaraguan government finally
withdrew the complaint from the court in September
1992 (under the later, post-FSLN, government of Violet
Chamorro), following a repeal of the law requiring the
country to seek compensation.[3]

12. •The Court found in its verdict that the United
States was "in breach of its obligations under
customary international law not to use force
against another State", "not to intervene in its
affairs", "not to violate its sovereignty", "not to
interrupt peaceful maritime commerce", and "in
breach of its obligations under Article XIX of the
Treaty of Friendship, Commerce and Navigation
between the Parties signed at Managua on 21
January 1956."
•The Court had 16 final decisions upon which it
voted. In Statement 9, the Court stated that while
the U.S. encouraged human rightsviolations by
the Contras by the manual entitled Psychological
Operations in Guerrilla Warfare, this did not,
however, make such acts attributable to the
U.S.[4]

13. Conclusion:-
Some optimistic writers see that the icj
may have more significant role in the
new century in comparison with its
historical record.
The court can do never better job of
exercising its competence under
current icj statue & in an environment
of proliferating international court &
tribunal, if its choose to interprets it
jurisdiction broadly.