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Historical Development of International Court of Justice Essay

The historical development of World Court is a long way that begins in the classical era in the Asian Countries, medieval era in Europe for maritime customary law and in papal practice, but which were more conventional according to the then ruled Kings. The Jay Treaty of 1794 is the onset of modern era for instituting an international arbitration that was made between the USA and Great Britain. This treaty laid to foundation of mixed chambers consisting equal representatives from both the countries.

Then a verdict made through Alabama Claims arbitration in 1872 which fined the Great Britain for its alleged interferences in the American Civil War. In 1899 the Permanent Court of Arbitration was made in the Hague Peace Conference of 1899, which led to the second phase. But which ended with the adoption of Convention of Pacific settlement. Then, again the Permanent Court of Arbitration came into existence in 1900 and operated in 1902 and in 1907 the second Hague Peace Conference was held, in which a fine tuning of the rules of arbitrary proceedings was devised.

Then, in 1922 under article 14 of the Covenant of the League of Nations gave the Council of International Justice as a permanent

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justice body for resolving the disputes based on advisory opinion. Eventually, the Permanent Court of International Justice was replaced by the International Court of Justice in 1946.

Procedures Adopted in World Court

A statute followed for the procedures in the Rules of the World Court as per the latest revision made on December 5, 2000 the following stages are adopted:

First Stage: Written phase – both the national parties files their complaints and exchange pleadings

Second stage: Oral phase – Agent and Counsel of both the parties argue in the public hearings on behalf of their client.

Third stage: Both the parties put into discussion and the transpiring events recorded in camera.

Fourth stage: The court gives its verdict at a public seating and the judgment is irrevocable.

Fifth stage: On failure of compliance by a party, then the other party can claim by reporting to the Security Council of the United Nations.

Under article III of the United States Constitution the judicial system is instituted as one of the branches of the Federal Government. US Court procedures cannot related with the International Court because verdict cases of the lower courts, which are done without the jury and witnesses are passed on to the US Supreme Court. The Supreme Court argues in public on a case with the available printed materials and based on the arguments of the lawyers of both the parties.

Advisory Opinion

Advisory Opinion is a consultative body of five organs of United Nations and 16 specialized agencies of the United Nations family. Based on the requests from these organizations the contentious cases are brought before the Court for prompt judgment.

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