The International Court of Justice and Nongovernmental Organizations

2007 ◽  
Vol 9 (2) ◽  
pp. 139-155 ◽  
Author(s):  
Dinah Shelton
Keyword(s):  
Civil Society ◽  
Point Of View ◽  
International Organization ◽  
Judicial Process ◽  
International Court Of Justice ◽  
Governmental Organizations ◽  
Court Of Justice ◽  
Non Governmental Organizations ◽  
International Court ◽  
Definition Of

AbstractThe role that the non-governmental organizations can play with respect to the proceedings in front of the International Court of Justice has been always a thorny issue. The, relevantly recent, Practice Direction XII has not substantially ameliorated this situation. Although providing an avenue for the views of civil society to be represented, it can also be argued that from an interpretative point of view it is more restrictive than the Statute of the Court itself, a fact which reinforces the debate on the advantages and pitfalls of an amendment of the Statute of the Court. However, other problems remain; the definition of international organization, whether it includes NGOs as well or not, seems to differ not only from tribunal to tribunal e.g. PCIJ and ICJ but also from case to case. Other possibilities of submitting information to the Court, as for instance as experts, have been rarely put to use. The possible benefits of a greater participation of NGOs in the international judicial process have, nevertheless, up till now not changed the most likely of NGO submissions; they either end up being placed to the Peace Palace Library for consultation purposes or they are more seriously considered but only through the intermediary of a State involved in the proceedings.

International Trade Organization

1948 ◽  
Vol 2 (3) ◽  
pp. 537-537 ◽  
Keyword(s):  
International Trade ◽  
United Nations ◽  
Intergovernmental Organizations ◽  
International Court Of Justice ◽  
Governmental Organizations ◽  
Court Of Justice ◽  
Non Governmental Organizations ◽  
International Court ◽  
The United Nations ◽  
International Trade Organization

The second session of the Executive Committee of the Interim Commission for the International Trade Organization was convened in Geneva on August 25, 1948. Among the items discussed were 1) a report of the work of the secretariat and its information activities, 2) relations with the United Nations and other intergovernmental organizations, non-governmental organizations, and the International Court of Justice, 3) financial and staff regulations for the permanent Organization, 4) a report by the secretariat on the Havana resolution relating to economic development and reconstruction, and 5) representation of the Interim Commission on the Interim Coordinating Committee for International Commodity Agreements. Consultations were held with the Secretariat of the United Nations and Registry of the International Court of Justice in connection with the preparation of agreements bringing the ITO into relationship with these two organizations.

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.”

Forum Prorogatum Returns to the International Court of Justice

2003 ◽  
Vol 16 (4) ◽  
pp. 701-713 ◽  
Author(s):  
SIENHO YEE
Keyword(s):  
Criminal Proceedings ◽  
Judicial Process ◽  
National Interests ◽  
International Court Of Justice ◽  
General Acceptance ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
The Icj

The ICJ interpreted Article 36(1) of its Statute – more specifically, the phrase ‘all cases which the parties refer to it’ – as permitting it to adopt the doctrine of forum prorogatum as a jurisdictional principle and to adapt this doctrine to the circumstances of international judicial process, as an informal way of founding its jurisdiction over the merits of a dispute. The resort to this doctrine has given rise to some concerns and has not received the general acceptance of states. The Certain Criminal Proceedings in France case marks the successful return of the doctrine to the ICJ and shows that the doctrine is a valuable tool for nationalists seeking to protect national interests and for internationalists seeking to promote the peaceful settlement of international disputes.

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.

Interpretative Disputes with Regard to Provisional Measures at the ICJ: Is There a Normative Gap?

2020 ◽  
Vol 19 (1) ◽  
pp. 28-48
Author(s):  
Marco Dimetto
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
General Point ◽  
Present Contribution ◽  
International Court Of Justice ◽  
Official Position ◽  
Court Of Justice ◽  
International Court ◽  
The Icj

Abstract Recently, the International Court of Justice dealt with a request to interpret provisional measures previously indicated in the Ukraine v. Russian Federation case. However, the Court never disclosed its official position on the request, but reportedly limited itself to reaffirming the binding nature of its previous Order. The present contribution aims at analyzing from a general point of view whether the ICJ would be ready to settle interpretative disputes that arise with regard to the meaning and scope of provisional measures already indicated. Despite several paths that could be envisaged in theory, only one of them seems to be suitable to reach that goal.

19. International Organizations in Global Politics

2017 ◽  
Author(s):  
Stephanie Lawson
Keyword(s):  
Civil Society ◽  
International Organizations ◽  
Historical Perspective ◽  
League Of Nations ◽  
International Organization ◽  
Global Politics ◽  
Global Order ◽  
Contemporary World ◽  
Governmental Organizations ◽  
Non Governmental Organizations

This chapter examines the nature of international organizations and their role in global politics. It first explains what an international organization is before discussing the rise of international organizations from a historical perspective, focusing on developments from the nineteenth century onwards. It then considers the major intergovernmental institutions that emerged in the twentieth century and which have made significant contributions in shaping the global order, including the League of Nations and its successor, the United Nations. It also looks at non-governmental organizations and concludes with an analysis of ideas about social movements and global civil society, along with their relationship to the contemporary world of international organizations.

Rescuing Nationals Abroad

2016 ◽  
Author(s):  
Mathias Forteau
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Humanitarian Assistance ◽  
Current Position ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Legal Perspective ◽  
Legal Nature ◽  
Definition Of

This chapter examines one of the most contentious issues in the jus ad bellum: whether and when international law permits a state to use force unilaterally to rescue its nationals abroad when their lives or security are threatened. It first considers the definition of the phrase ‘rescuing nationals abroad’ and the legal scope and legal nature of the justification based on the necessity of carrying out such an act. It analyses the opinion of the International Court of Justice concerning the matter before assessing the current position of international law on the permissibility of rescuing nationals abroad. It also discusses whether the use of force to rescue nationals abroad can be invoked for humanitarian assistance purposes involving non-nationals. The chapter shows that the notion of ‘rescuing nationals abroad’ is ambiguous from a legal perspective and that the legality of using force to rescue nationals abroad has remained unclear since 1945.

Organizing without organizations: on informal social activism in Poland

2016 ◽  
Vol 36 (9/10) ◽  
pp. 662-679 ◽  
Author(s):  
Dominika Vergara Polanska ◽  
Galia Chimiak
Keyword(s):  
Civil Society ◽  
Social Activism ◽  
Content Type ◽  
Social Activists ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Recent Developments ◽  
Eastern European Countries ◽  
Definition Of ◽  
Civil Societies

Purpose The purpose of this paper is to examine motivations of social activists in informal initiatives and to understand why they opt for this more spontaneous and self-organized activism while openly defying the hitherto established way of founding non-governmental organizations. Design/methodology/approach On the basis of a case study of Poland, which had one of the most vibrant civil societies in the socialist region, it is argued that the characteristics ascribed to the functioning of civil society after the toppling of socialism are not reflected in its more recent state. A broader definition of civil society and social activism is suggested to include new types of informal activism, which tend to be over-looked and under-studied. The analysis is built on qualitative and quantitative data gathered in 2014-2015. Findings The argument put forward is that un-institutionalized engagement is qualitatively different from its formal and institutionalized counterpart. The recent growth of informal activism is indicative of a rebirth of communitarian engagement in Polish civil society and a reaction to the underside of its institutionalization. Originality/value In spite of the seminal role played by societal self-organization in the overturning of the socialist system in Eastern European countries, the development of civil society in the region after 1989 has been repeatedly described as passive and characterized by distrustful or individualist attitudes. However, these civil societies have been changing since, and these more recent developments have been neglected by scholars.

scholarly journals FLESHING OUT THE PROVISIONS FOR PROTECTING FOREIGN INVESTMENT

2018 ◽  
Vol 7 (3) ◽  
pp. 406
Author(s):  
Mohammad Belayet Hossain
Keyword(s):  
Foreign Investment ◽  
Recent Trend ◽  
International Court Of Justice ◽  
Foreign Investors ◽  
International Courts ◽  
Regulatory Takings ◽  
Court Of Justice ◽  
International Court ◽  
Definition Of

This article aims to analyse the jurisprudence developed by international courts and tribunals with regard to the standard of treatment of foreign investors, with particular focus on issues concerning expropriation. In doing so, it will analyse some of the standard-setting decisions and far-reaching implications of: the Iran-US Claims Tribunals, the International Court of Justice and the ICSID. It will also examine the recent trend in jurisprudence on the so-called regulatory takings of foreign investment. It will explore: (a) how the decisions of international courts and tribunals have ‘fleshed out’ the principles of the law of foreign investment on, inter alia, the definition of expropriation and nationalisation and determination of the quantum of compensation; (b) how the frontiers of expropriation have been extended to cover regulatory takings

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