scholarly journals The Methodology of Formal Interpretations of Judicial Decisions by the International Court of Justice

2021 ◽  
Vol 90 (3) ◽  
pp. 312-342
Author(s):  
Sondre Torp Helmersen
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
International Court Of Justice ◽  
Judicial Decisions ◽  
Res Judicata ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations

Abstract This article examines the International Court of Justice’s methodology in cases where it interprets its own decisions under the procedure in Article 60 of the Statute. The Court is constrained by respect for the res judicata of the previous decision. When interpreting the decision the Court and its judges strive to find the intention behind a decision, and emphasise elements that include wording, context, and object and purpose. A comparison with how the Court interprets treaties, resolutions from the United Nations Security Council, and unilateral declarations by States show that the instruments have important different but that their interpretation nonetheless have some basic similarities. On this basis it may be possible to formulate general principles of interpretation in international law.

The Relationship between the International Court of Justice and the Security Council in the Light of the Lockerbie Case

1994 ◽  
Vol 88 (4) ◽  
pp. 643-677 ◽  
Author(s):  
Vera Gowlland-Debbas
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
United Nations Charter ◽  
The Relationship ◽  
The Way

The relationship between the International Court of Justice and the Security Council may be approached from the perspective of the United Nations Charter and the way it delimits competences between two principal UN organs and regulates the exercise of their concurrent powers. The Court, however, has a dual, ambivalent role. It is not only the principal judicial organ of the United Nations under Article 92 of the Charter; it is also an autonomous adjudicative body with the function, under Article 38 of its Statute, of applying international law to such disputes between states as are brought before it. Viewed in the light of Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie, the relationship between the judicial and political organs raises some fundamental questions of general international law that go beyond UN constitutional issues.

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates): So Far, So Good?

2020 ◽  
Vol 34 (4) ◽  
pp. 387-407
Author(s):  
Udoka Ndidiamaka Owie
Keyword(s):  
United Nations ◽  
International Law ◽  
Racial Discrimination ◽  
United Arab Emirates ◽  
International Court Of Justice ◽  
International Convention ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
The United Nations

Abstract International law has a long history of dealing with racial discrimination, including its involvement in the perpetration of racial discrimination. However, in establishing a body of norms to tackle the problems of racial discrimination, several multilateral instruments have been adopted under the auspices of the United Nations addressing this malaise to various extents with the most extensive being the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) of 21 December 1965. While lauded for its singular and dedicated focus on racial discrimination, the Convention is challenged, at least interpretatively, as to the grounds for racial discrimination within its remit. Events occurring between Qatar and the United Arab Emirates on 5 June 2017 have afforded the International Court of Justice as the principal judicial organ of the United Nations, an opportunity—the third since the coming into effect of the Convention—to interpret this landmark treaty.

Fiat iustitia . . . Professor Krzysztof Skubiszewski and His Vision of the Relations Between the International Court of Justice and the Security Council

2016 ◽  
Vol 18 (2) ◽  
pp. 129-150
Author(s):  
Bartłomiej Krzan
Keyword(s):  
United Nations ◽  
Present Article ◽  
Security Council ◽  
International Court Of Justice ◽  
Late Professor ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations

The present article addresses the legacy of the late Professor Krzysztof Skubiszewski with a view to analysing his vision of the judicial function of the International Court of Justice vis-à-vis the Security Council. Although the issue has attracted much scholarly and practical attention, it may be argued that the position taken by Skubiszewski, successfully combining theory with practice, remains highly relevant despite the lapse of time and subsequent developments. The relations between the two main organs of the United Nations are examined particularly in the light of the latest jurisprudence of the International Court of Justice.

Part 2 The United Nations: What it is, 14 The Financing of the United Nations

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
Security Council ◽  
Early Years ◽  
General Assembly ◽  
Working Capital ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Social Council ◽  
International Court ◽  
The United Nations

This chapter discusses the regular budget of the UN. The UN’s regular budget includes the expenses of its principal organs—the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, the Trusteeship Council, and the Secretariat—as well as subsidiary bodies. From tens of millions in the early years of the organization, the regular budget has grown to billions of dollars. It is composed of various parts, sections, and programmes. No funds may be transferred between different appropriation sections without the authorization of the General Assembly. The remainder of the chapter covers the authorization of programmes; formulation and examination of estimates; approval and appropriation; implementation and the Contingency Fund; audit; the Working Capital Fund; financing of peacekeeping; international tribunals; voluntary contributions; self-support; apportionment of expenses of the organization; and administrative and budgetary coordination between the UN and specialized agencies.

4. Resolution of the General Assembly Concerning Conditions on which Switzerland may become a Party to the Statute of the International Court of Justice, December 10, 1946.

1947 ◽  
Vol 1 (2) ◽  
pp. 410-410
Keyword(s):  
United Nations ◽  
Security Council ◽  
Constitutional Law ◽  
Secretary General ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
The Government

THE GENERAL ASSEMBLY THEREFORE DETERMINES, in pursuance of Article 93 paragraph 2 of the Charter, and upon the recommendation of the Security Council, the conditions on which Switzerland may become a party to the Statute of the International Court of Justice, as follows:Switzerland will become a party to the Statute of the Court on the date of the deposit with the Secretary-General of the United Nations of an instrument, signed on behalf of the Government of Switzerland and ratified as may be required by Swiss constitutional law, containing:(a) Acceptance of the provisions of the Statute of the Court;(b) Acceptance of all the obligations of a Member of the United Nations under Article 94 of the Charter;

Common Concepts of Immanuel Kant's "The Perpetual Peace" and The Charter of the United Nations

2019 ◽  
Vol 10 ◽  
pp. 47-55
Author(s):  
Aleksandra Musiał
Keyword(s):  
United Nations ◽  
International Law ◽  
International Court Of Justice ◽  
The Core ◽  
Perpetual Peace ◽  
Court Of Justice ◽  
Sovereign Equality ◽  
International Court ◽  
Rules Of Procedure ◽  
The United Nations

The essay compares selected Kantian ideas stated in The Perpetual Peace with the institutions established by the Charter of the United Nations and the Statute of the International Court of Justice. The concept of a nation and its position in international law in view of the Charter will be presented and linked with the Kantian theory of sovereignty of Nations. The core of the paper is an afterthought on the supremacy of three separate powers over the Nations, hence the question of the rules of procedure held by the International Court of Justice will be regarded as the consequence of the idea of sovereign equality. The Kantian concept: "Nations, as states, may be judged like individuals”: (Kant, 1917, p. 128) is observed from the perspective of state’s demand for independence. The institution of the International Court of Justice is presented as a universal supreme body. The key issue of the essay is the federative character of union as a guarantee of eternal peace seen as common point in both of the documents discussed.

Military Sanctions Enforcement in the Absence of Express Authorization?

2016 ◽  
Author(s):  
Penelope Nevill
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Un Security Council ◽  
The United Nations

This chapter examines the use of force to enforce sanctions in the absence of express authorization by the UN Security Council. After reviewing the history and background to enforcement of sanctions which primarily takes place at sea, the chapter addresses the question of what amounts to a use of force in this context, paying particular attention to whether sanctions enforcement is ‘law enforcement’ or a use of force in the sense of Article 2(4) of the UN Charter by examining the jurisprudence of the International Court of Justice and under the United Nations Law of the Sea Convention concerning forcible measures used or threatened by state authorities against vessels or oil rigs and platforms. The chapter concludes by assessing the legal bases for the use of force to enforce sanctions, including those imposed by the United Nations.

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