’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
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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
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