s recommendation 932 Procedural issues ICJ will decide disputes submitted

S recommendation 932 procedural issues icj will

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’s recommendation ( 93(2) ) Procedural issues ICJ will decide disputes submitted before it in accordance with IL ( 38(1) ICJ S ) Only states may be parties ( 34(1) ICJ Statute ) May receive information from international organisations ( 34(2) ICJ Statute ) Composed of 15 permanent members elected by GA and SC Elected for nine years and can be re-elected Function is to ‘state the law’ ( Northern Cameroons ) Will only decide the question of law despite their being political aspects to many disputes 50 Downloaded by Thomas Murdoch ([email protected]) lOMoARcPSD|2832619
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[Type here] ICJ JURISDICTION No subject matter restrictions to legal issues Jurisdiction is founded on consent of the parties ( Nicaragua ) Therefore, cannot rule on rights/obligations of third parties to disputes May have formal jurisdiction arising from: Special agreement ( compromis ) Unilateral application ( forum prorogatum ) Treaties ( 36(1) ICJ Statute; Mexico v USA ) Jurisdiction is a question of law to be resolved by the Court in light of all relevant facts ( Congo v Rwanda; Belgium v Senegal ) Reservations may be used to restrict ICJ jurisdiction NOTE: difference between orders (what you want the ICJ to hold) and declarations (where ICJ needs to rule on a question of law eg. A principle is a rule of customary IL) DISPUTES (Contentious Jurisdiction) Must be a legal dispute ( Article 36(2) ICJ Statute; see definition above) Parties to ICJ statute may at any time accept ICJ ’s jurisdiction to resolve a dispute ( 36(2) ) Do so through declarations although declarations between two parties must cover the same issue in order to give ICJ jurisdiction ( Norwegian Lotus ) ADVISORY OPINIONS (Advisory Jurisdiction) May give advisory opinions upon request of UN GA or SC ( 65(1) ICJ Statute; 96 UN Charter ) Other UN organs or specialised agencies may also request in relation to legal questions arising within the scope of their activities ( 65(2) ICJ Statute ) must be authorised by GA It is essentially a detailed legal opinion ICJ has discretion whether to give it or not PROVISIONAL MEASURES (Interim Orders) Preserve rights of parties before a final resolution is made o PM are binding until a judgement ( LaGrand ) o Often where hostilities are involved such as in Bosnia v Serbia Counter claims may be introduced by a party if the new basis for a claim is implicit in the application or arises directly out of a question subject to the application o Goes beyond a mere defence No general right of third party intervention or joinder But may submit a request to intervene if party has a legal interest in proceedings ( Article 62 ICJ Statute ) EG: Cameroon v Nigeria; Indonesia/Malaysia Court may permit this even if it is opposed by a party to proceedings PROCEEDINGS Decides on international law, although may theoretically take into account equity Flexible rules regarding the introduction of evidence Even evidence which is improperly obtained although less weight is given Burden of proof lies on party asserting facts May take judicial notice of certain facts 51 Downloaded by Thomas Murdoch ([email protected]) lOMoARcPSD|2832619
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