The International Court of Justice: Its Role in Contemporary International Relations

1960 ◽  
Vol 14 (2) ◽  
pp. 261-276 ◽  
Author(s):  
Max Sørensen
Keyword(s):  
International Relations ◽  
League Of Nations ◽  
International Justice ◽  
International Organization ◽  
International Court Of Justice ◽  
Organic Part ◽  
The Past ◽  
Court Of Justice ◽  
International Court ◽  
Set Up

In his concluding volume in the Carnegie Endowment's series of National Studies on International Organization, Professor Maclver observes that the International Court of Justice, as set up in 1945, was not so much a new institution as a new promise. It was closely modelled on its predecessor, the Permanent Court of International Justice, and Article 92 of the UN Charter expressly recognized the continuity with the past in affirming that the Statute of the new Court was based upon chat of the old one. The promise lay in the fact that the new Court was declared to be “the principal judicial organ of the United Nations” and thus called upon to play a more significant role than the old Court, which had never been an organic part of the League of Nations structure. Professor Maclver concludes, however, that the promise remains in important respects unfulfilled.

International Court of Justice

2008 ◽  
pp. 192-214
Author(s):  
James Crawford ◽  
Tom Grant
Keyword(s):  
International Relations ◽  
Rule Of Law ◽  
League Of Nations ◽  
International Justice ◽  
International Court Of Justice ◽  
Steady Growth ◽  
Court Of Justice ◽  
International Court ◽  
The World

This article explores what is commonly called the ‘World Court’. It examines the slow and steady growth of the global rule of law in detail, starting with the juridical experiment of the League of Nations: the Permanent Court of International Justice. It points out that the Court goes against the grain of contemporary international relations and the proliferation of actors because of Article 34 of its Statute.

The Changing Role of the International Court

1985 ◽  
Vol 20 (2-3) ◽  
pp. 182-205 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
Western Europe ◽  
League Of Nations ◽  
International Justice ◽  
Russian Revolution ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
Changing Role

En s'efforçant, au lendemain de la guerre [1914 – 1918], de poser les bases d'une société de peuples régie par le droit, les fondateurs de cette communauté internationale nouvelle se rendaient pleinement compte qu'il ne saurait y avoir une société organisée sans un pouvoir judiciaire chargé de veiller, en dehors de toute préoccupation de politique et de force, à la stricte observation du droit. C'est dans cette conviction qu'ils ont prévu, dès l'origine, la création de la Cour permanente de Justice internationale.Feinberg in 1931Reviewing the history of the Permanent Court of International Justice and of the International Court of Justice from 1922—the World Court, a convenient but possibly misleading expression which embraces both the Permanent Court from 1922 to 1945 and the present International Court of Justice established as an integral part of the United Nations since—four clearly separated periods can be discerned. They run from 1922 to 1931, 1932 to 1940, 1946 to 1966, and from 1967 onwards.The establishment of the League of Nations and the Permanent Court after a cataclysmic war in Europe and the awe-inspiring Russian Revolution released a wave of euphoria upon the exhausted and war-weary peoples of what is now known as Western Europe, and they placed great hopes in the new League and Court.

Responsabilité pénale des agents ou fonctionnaires internationaux et immunité de juridiction

2012 ◽  
Vol 49 ◽  
pp. 243-263
Author(s):  
Matthieu Aldjima Namountougou
Keyword(s):  
International Justice ◽  
International Organization ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Status

SummaryAccording to the International Court of Justice, any person through whom an international organization acts is an agent of that organization. However, this definition is too broad. Any participation in the fulfilment of the mission of an international organization does not necessarily make the person an agent of the international organization. After detailing the particularities of the status of international agents, this article considers the issue of accountability for wrongs attributable to them. It recommends in this respect the development of a system of accountability that combines national and international justice responses with priority to the former based on the location of the offence.

The International Court of Justice and the General Act Of 1928

1980 ◽  
Vol 39 (1) ◽  
pp. 137-171 ◽  
Author(s):  
J. G. Merrills
Keyword(s):  
League Of Nations ◽  
International Justice ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Pacific ◽  
The Creation

The 1928 General Act for the Pacific Settlement of International Disputes was the creation of the ninth session of the League of Nations. Containing important provisions on judicial settlement, as well as on conciliation and arbitration, the Act provided the Permanent Court of International Justice with an indisputable basis of jurisdiction. Whether the Act survived the demise of the League and is equally effective today is, however, a matter of some disagreement.

The Development of Rules of Procedure by the World Court Through its Rule Making, Practice and Decisions

2018 ◽  
Vol 49 (4) ◽  
pp. 511
Author(s):  
Ken J Keith
Keyword(s):  
Equal Opportunity ◽  
General Rule ◽  
The Body ◽  
International Justice ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Rules Of Procedure ◽  
Set Up ◽  
Rule Making

Courts and tribunals follow procedures in reaching their decisions. Those procedures should provide the parties, appearing before an independent, impartial and qualified body, with a full and equal opportunity to present their cases and to challenge those presented against them. The process should also provide the body with sufficient material for it to resolve the dispute. The procedural rules may be established by those who set up the court or tribunal, including treaty makers and legislatures, or by the body itself through the exercise of its general rule making power and its rulings and practice in particular cases. This article considers the work of the Permanent Court of International Justice and its successor, the International Court of Justice, over almost the last 100 years in developing their procedures. A striking feature of the history is that the Statutes of the two Courts have remained essentially unchanged and that it is the Courts themselves that have developed the procedures which they and the parties are to follow. Along with the development of the law and practice of evidence in the two Courts, the history contributes an answer in one area to recurring questions about the best means of clarifying and making law.

Models of international organization in perpetual peace projects

1992 ◽  
Vol 18 (4) ◽  
pp. 295-317 ◽  
Author(s):  
Daniele Archibugi
Keyword(s):  
United Nations ◽  
International Organizations ◽  
European Parliament ◽  
League Of Nations ◽  
International Organization ◽  
Intellectual Tradition ◽  
International Court Of Justice ◽  
Perpetual Peace ◽  
Court Of Justice ◽  
International Court

Perpetual peace projects constitute a largely undervalued intellectual tradition that has attracted many polemical arrows. One of the most frequent criticisms levelled at the projects is that their authors too often abandon themselves to utopianism. Yet this tradition has proved to be much more influential than is generally recognized: contemporary international organizations, from the League of Nations to the United Nations, from the European Parliament to the International Court of Justice, were sketched out, if only in embryonic form, in these perpetual peace projects. Yet it is rare to find their authors numbered among the founders of internationalist theory.

The International Court of Justice: Consideration of Requirements for Enhancing its Rôle in the International Legal Order

1971 ◽  
Vol 65 (2) ◽  
pp. 253-326 ◽  
Author(s):  
Leo Gross
Keyword(s):  
International Relations ◽  
United Nations ◽  
Central Place ◽  
International Organization ◽  
Judicial Process ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Legal Order ◽  
The United Nations

It is commonplace to say that the Court has not lived up to the expectations expressed at its creation, although it could also be said that the governments in and out of the United Nations have not lived up to those expectations. In presenting the Statute of the Court to the Fourth Commission at the United Nations Conference on International Organization, the Rapporteur of its First Committee said that the Committee “ventures to foresee a significant role for the new Court in the international relations of the future.” He went on to say: “The judicial process will have a central place in the plans of the United Nations for the settlement of international disputes by peaceful means.”

scholarly journals Remarks by Maria Flores

2018 ◽  
Vol 112 ◽  
pp. 79-82
Author(s):  
Maria Flores
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Scale ◽  
International Court Of Justice ◽  
Public International Law ◽  
Court Of Justice ◽  
International Court ◽  
Small Department ◽  
The University

I first became involved with international law while I was at university. After graduating, I decided to teach public international law. As an undergraduate, I particularly enjoyed this branch of study. I was attracted to it because it helped me to understand the problems, challenges, and breakthroughs in the field of international relations on a global scale. Therefore, after facing a competitive entry process, I joined the international law department of the Universidad de la República. It was a small department, but the university had produced some well-known scholars like Eduardo Jiménez de Aréchaga, who became a judge at the International Court of Justice, and Hector Gross Espiell, who served as a judge at the Inter-American Court of Human Rights.

National Judges and Judges Ad Hoc of the International Court of Justice

1999 ◽  
Vol 48 (4) ◽  
pp. 889-900 ◽  
Author(s):  
Stephen M. Schwebel
Keyword(s):  
Advisory Committee ◽  
Ad Hoc ◽  
Fundamental Problem ◽  
International Justice ◽  
State Party ◽  
International Court Of Justice ◽  
International Courts ◽  
Court Of Justice ◽  
International Court ◽  
The World

When the Statute of the Permanent Court of International Justice was drafted by an Advisory Committee of Jurists in 1920, a paramount question was, should a judge of the nationality of a State party to the case sit?The sensitivity of the issue was encapsulated by a report of a committee of the Court in 1927 on the occasion of a revision of the Rules of Court. It observed that: “In the attempt to establish international courts of justice, the fundamental problem always has been, and probably always will be, that of the representation of the litigants in the constitution of the tribunal. Of all influences to which men are subject, none is more powerful, more pervasive, or more subtle, than the tie of allegiance that binds them to the land of their homes and kindred and to the great sources of the honours and preferments for which they are so ready to spend their fortunes and to risk their lives. This fact, known to all the world, the [Court's] Statute frankly recognises and deals with.”1

Accepting the Compulsory Jurisdiction of the International Court of Justice with Reservations: An Overview of Practice with a Focus on Recent Trends and Cases

2001 ◽  
Vol 14 (1) ◽  
pp. 89-124 ◽  
Author(s):  
Stanimir A. Alexandrov
Keyword(s):  
International Justice ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Different Types ◽  
Recent Trends

States can accept the jurisdiction of the International Court of Justice with respect to all or certain categories of legal disputes by means of unilateral declarations. This article examines the reservations to the acceptance of the compulsory jurisdiction that states include in such declarations. It reviews the practice of states and traces the trends in drafting and adopting reservations. It also analyzes the jurisprudence of the Permanent Court of International Justice and the International Court of Justice in relation to the interpretation of various reservations, particularly in recent cases, illustrating the effectiveness or ineffectiveness of different types of reservations.

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