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International Court Of Justice

The International Court of Justice or World Court, established in 1946 in pursuance to Article 14 of the Covenant of League of Nations, is not the first World Court as it replaced the Permanent Court of International Justice established in 1922 (“International Court of Justice”, January 2007). Need for an international court can be traced right from 1899 when Permanent Court of Arbitration was formed. (International Court of Justice General Information – History, February 2006)

Parties can initiate proceedings in the World Court in two ways, either by special agreement between parties concerned or by application. The former is bilateral in nature and can be filed by parties separately or together. The latter is unilateral and is filed by one against another (The International Court of Justice, 2004 pp 51-54).

Parties file detailed written pleadings where initiation is by special agreement and where it is by application, two pleadings, Memorial by Applicant and Counter Memorial by Respondent. Counsels appointed by parties address then court in public hearings. The Court then deliberates over the same in camera and delivers its judgment in open Court. This judgment is final and cannot be appealed against. In event of non compliance the only recourse to the

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aggrieved party is to approach the Security Council of the United Nations. (International Court of Justice General Information – The Court at a Glance, Feb 2006)

The procedure followed by the World Court is similar to the basic procedures broadly followed by the Courts in the United States. The Courts in the United States also have the same process of submission of written briefs followed by oral arguments and finally deliberation and judgment (The court and its Procedures, September 2006).

Advisory opinion is a procedure initiated by the World Court in order to allow Public International Organizations to approach it for legal advice. Previously only States had the right to appear before the World Court and International Organizations only furnished the Court with necessary information as requested. They can now approach and seek interpretation of the texts of law or of the Charter of the United Nations. However, despite this facility being made available, the organizations have made little use of the same. (The International Court of Justice, 2004 pp 79-82)

References:

International Court of Justice. (2007, January 25). In Wikipedia, The Free Encyclopedia. Retrieved January 26, 2007, from http://en.wikipedia.org/w/index.php?title=International_Court_of_Justice&oldid=103176890

International Court of Justice General Information – History, (February 2006) Retrieved January 26, 2007 from http://www.icj-cij.org/icjwww/igeneralinformation/ibbook/Bbookchapter1.HTM

ICJ Hague, 2004. The Proceedings in The International Court of Justice (pp 51-54) (5th Ed) Great Britain Retrieved on January 26, 2007 from http://www.icj-cij.org/icjwww/igeneralinformation.htm

International Court of Justice General Information – The Court at a Glance, (February 2006) Retrieved January 26, 2007 from  http://www.icj-cij.org/icjwww/igeneralinformation/icjgnnot.html

The court and its procedures, (September 2006) retrieved January 26, 2007 from http://www.supremecourtus.gov/about/about.html

ICJ Hague, 2004. Advisory Opinions in The International Court of Justice (pp 79-82) (5th Ed) Great Britain Retrieved on January 26, 2007 from

http://www.icj-cij.org/icjwww/igeneralinformation.htm

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