Controlling Interlocutory Aspects of Proceedings in the International Court of Justice

2000 ◽  
Vol 94 (2) ◽  
pp. 307-317
Author(s):  
Shabta Rosenne

Profound changes in the structure and composition of today’s international community of states and equally profound changes in the kinds of disputes coming before the International Court of Justice are making essential a thorough review of the Court’s methods of handling contentious cases, and possibly advisory cases as well. Attention has been focused on hearings, where some useful modifications have been introduced. It seems, however, that more is needed than adjustments in the oral proceedings, which nevertheless can serve as the point of departure for further developments. Article 48 of the Statute gives the Court almost unfettered power to “make orders for the conduct o f the case... and to make all arrangements connected with the taking o f evidence” (emphasis added). As will be seen, in 1999 the General Assembly of the United Nations encouraged the Court to adopt additional measures aimed at expediting its proceedings. This Note has the limited purpose of drawing attention to some recent measures taken by the Court with that end in view, and suggests directions for a more fundamental change in the Court’s procedures.

Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James

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.


1947 ◽  
Vol 1 (2) ◽  
pp. 410-410

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;


1990 ◽  
Vol 3 (3) ◽  
pp. 51-57
Author(s):  
Louis B. Sohn

In declaring the period 1990–1999 as the United Nations Decade of International Law, the General Assembly of the United Nations listed among the main purposes of that decade the need “to promote means and methods for the peaceful settlement of disputes between States, including resort to and full respect for the International Court of Justice”.


1949 ◽  
Vol 3 (4) ◽  
pp. 703-703

On July 27 the Security Council by 9 votes to 0 with 2 abstentions, recommended that the Principality of Liechtenstein be permitted to become a party to the Statute of the International Court of Justice. By this decision the Security Council endorsed the opinion of its Committee of Experts that Liechtenstein was a state under the provisions of Article 93 (2) of the Charter and that the same conditions should apply to it as to Switzerland: acceptance of the provisions of the Statute, acceptance of all the obligations of a Member of the United Nations under Article 94 and agreement to contribute to the expenses of the Court upon assessment by the General Assembly after consultation with the government. The recommendation was to be considered by the General Assembly at its fourth session.


1954 ◽  
Vol 8 (2) ◽  
pp. 255-256

Effect of Awards of Compensation Made by the United Nations Administrative Tribunal: On December 9, 1953, the United Nations General Assembly adopted a resolution requesting the International Court of Justice to give an advisory opinion on the following questions: 1) has the General Assembly the right to refuse to give effect to an award of compensation made by the Administrative Tribunal in favor of a United Nations staff member whose contract of service had been terminated without his assent? and 2) if the Court's answer to the first question was in the affirmative, what were the principal grounds on which the Assembly could lawfully exercise such a right? After copies of this resolution were transmitted to the Court by a letter of the Secretary-General (Hammarskjold) dated December 16, the Court fixed March 15, 1954, as the time-limit within which written statements might be submitted by any state entitled to appear before it or any international organization considered by the president as likely to be able to furnish information on these questions, and reserved the rest of the procedure for further decision. Members of the United Nations and the International Labor Organization were then notified that, in accordance with Article 66 (2) of the Statute, the president considered them likely to be able to furnish such information.


1948 ◽  
Vol 2 (3) ◽  
pp. 519-522

Advisory Opinion on Conditions of Admission of a State to Membership in the United Nations: A General Assembly resolution of November 17,1947, requested the International Court of Justice to give an advisory opinion on the following question: “Is a Member of the United Nations which is called upon, in virtue of Article 4 of the Charter, to pronounce itself by its vote, either in the Security Council or in the General Assembly, on the admission of a State to membership in the United Nations, juridically entitled to make its consent to theadmission dependent on conditions not expressly provided by paragraph 1 of the said Article? In particular, can such a Member, while it recognizes the conditions set forth in that provision to be fulfilled by the State concerned, subject its affirmative vote to the additional condition that other States be admitted to membership in the United Nations together with that State?”


1947 ◽  
Vol 1 (2) ◽  
pp. 349-349

New Parties to the Statute: Afghanistan, Iceland, Siam and Sweden became parties to the Statute during 1946 when they joined the United Nations. Switzerland, as a non-member of the United Nations, inquired as to the conditions on which Switzerland might become a party to the Court's Statute, and these conditions were established by a resolution of the General Assembly on December 11, 1946.


1950 ◽  
Vol 4 (1) ◽  
pp. 169-169

The General Assembly,Considering its request to the International Court of Justice for an advisory opinion, formulated in resolution 258 (III) of 3 December 1948 concerning reparation for injuries incurred in the service of the United Nations,Having regard to the advisory opinion rendered by the International Court of Justice on 11 April 1949.Considering that it is highly desirable that reparation be secured for injuries incurred in the service of the United Nations,Considering that the Secretary-General has submitted in his report of 23 August 1949 (A/955) a number of proposals relating to the aforementioned advisory opinion,


1997 ◽  
Vol 91 (4) ◽  
pp. 652-662 ◽  
Author(s):  
Louis B. Sohn

In the last few years, many proposals have been made requiring either changes in the administration and financing of the United Nations or a revision of the Charter of the United Nations. While some progress has been made in the first category of problems, to the extent that they require primarily changes in the working of the United Nations Secretariat, it became quite obvious that a revision of the Charter is not likely to be made in the near future. It may be possible, however, to achieve important changes in the functioning of the principal organs of the United Nations—the Security Council, the General Assembly and the International Court of Justice—without revision. Pending a change in the international situation, various steps can be taken in the interim that would considerably improve the functioning of these organs, and achieve some of the desirable goals by measures that, while not ideal, will provide practical solutions for a few important problems. Several such solutions are investigated in the three sections of this essay.


1949 ◽  
Vol 3 (3) ◽  
pp. 569-579

On December 3rd, 1948, the General Assembly of the United Nations adopted the following resolution:“Whereas the series of tragic events which have lately befallen agents of the United Nations engaged in the performance of their duties raises, with greater urgency than ever, the question of the arrangements to be made by the United Nations with a view to ensuring to its agents the fullest measure of protection in the future and ensuring that reparation be made for the injuries suffered; andWhereas it is highly desirable that the Secretary-General should be able to act without question as efficaciously as possible with a view to obtaining any reparation due; thereforeThe General Assembly


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