International Court of Justice
Once deliberation has taken place, the Court will issue a majority opinion. Individual judges may issue separate opinions (if they agree with the outcome reached in the judgment of the court but differ in their reasoning) or dissenting opinions (if they disagree with the majority). No appeal is possible, though any party may ask for the court to clarify if there is a dispute as to the meaning or scope of the court's judgment.[19]
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Criticisms
The International Court has been criticised with respect to its rulings, its procedures, and its authority. As with United Nations criticisms as a whole, many of these criticisms refer more to the general authority assigned to the body by member states through its charter than to specific problems with the composition of judges or their rulings. Major criticisms include:
- "Compulsory" jurisdiction is limited to cases where both parties have agreed to submit to its decision, and, as such, instances of aggression tend to be automatically escalated to and adjudicated by the Security Council.
- Organizations, private enterprises, and individuals cannot have their cases taken to the International Court, such as to appeal a national supreme court's ruling. U.N. agencies likewise cannot bring up a case except in advisory opinions (a process initiated by the court and non-binding).
- Other existing international thematic courts, such as the ICC, are not under the umbrella of the International Court.
- The International Court does not enjoy a full separation of powers, with permanent members of the Security Council being able to veto enforcement of even cases to which they consented in advance to be bound.
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See also
- List of International Court of Justice cases
- List of treaties that confer jurisdiction on the ICJ
- UN Economic and Social Council
- UN Secretariat
- UN Trusteeship Council
- International Criminal Tribunal for the former Yugoslavia
- International Criminal Tribunal for Rwanda
- International Criminal Court
- Mundialization
- World citizen
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Notes
- ^ Statute of the International Court of Justice. Accessed 31 August 2007.
- ^ ICJ Statute, Article 18(1)
- ^ Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v USA), [1986] ICJ Reports 14, 158-60 (Merits) per Judge Lachs.
- ^ This occurred in the Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Opinion requested by WHO), [1996] ICJ Reports 66.
- ^ Rules of Court of the International Court of Justice 1978 (as amended on 5 December 2000). Accessed 17 December 2005. See also Practice Directions I-XII (as at 30 July 2004). Accessed 17 December 2005.
- ^ Schwebel S "Ad Hoc Chambers of the International Court of Justice" (1987) 81 American Journal of International Law 831.
- ^ The jurisdiction is discussed in the entire Chapter XIV of the UN Charter (Articles 92-96. Full text
- ^ See the Nottebohm Case (Liechtenstein v Guatemala), [1955] ICJ Reports 4.
- ^ See List of treaties that confer jurisdiction on the ICJ.
- ^ Case Concerning United States Diplomatic and Consular Staff in Tehran (USA v Iran), [1979] ICJ Reports 7.
- ^ See Charney J "Compromissory Clauses and the Jurisdiction of the International Court of Justice" (1987) 81 American Journal of International Law 855.
- ^ See Alexandrov S Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice (Leiden: Martinus Nijhoff, 1995).
- ^ For a complete list of countries and their stance with the ICJ, see Declarations Recognizing as Compulsory the Jurisdiction of the Court. Accessed 17 December 2005.
- ^ Australia, East Timor strike oil, gas deal by Bob Burton, Asia Times, May 17, 2005, accessed 4-21-06.
- ^ The UN General Assembly Requests a World Court Advisory Opinion On Israel's Separation Barrier, Pieter H.F. Bekker, ASIL (American Society of International Law) Insights, December 2003.
- ^ Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v USA), [1986] ICJ Reports 14, 158-60 (Merits) per Judge Lachs.
- ^ Statute of the International Court of Justice, Article 38(2)
- ^ Schwebel S "Ad Hoc Chambers of the International Court of Justice" (1987) 81 American Journal of International Law 831.
- ^ Statute of the International Court of Justice, Article 60
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Further reading
- Rosenne S, Rosenne's the world court: what it is and how it works 6th ed (Leiden: Martinus Nijhoff, 2003).
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External links
- International Court of Justice, Official site
- List of cases ruled upon by the ICJ since its creation in 1946
- Hague Justice Portal: Academic gateway to The Hague organisations concerning international peace, justice and security.
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