Essay Title: 

Bus. Law Unit 4 DB

April 3, 2016 | Author: | Posted in law

International

Court

Of

Justice

The International Court of Justice or World Court , established in 1946 in pursuance to Article 14 of the Covenant of League of Nations , is not the first World Court as it replaced the Permanent Court of International Justice established in 1922 ( International Court of Justice , January 2007 . Need for an international court can be traced right from 1899 when Permanent Court of Arbitration was formed (International Court of Justice General Information – History , February 2006

Parties can initiate proceedings in the World Court in two ways [banner_entry_middle]

, either by special agreement between parties concerned or by application . The former is bilateral in nature and can be d by parties separately or together . The latter is unilateral and is d by one against another (The International Court of Justice , 2004 pp 51-54

Parties detailed written pleadings where initiation is by special agreement and where it is by application , two pleadings , Memorial by Applicant and Counter Memorial by Respondent . Counsels appointed by parties address then court in public hearings . The Court then deliberates over the same in camera and delivers its judgment in open Court . This judgment is final and cannot be appealed against . In event of non compliance the only recourse to the aggrieved party is to approach the Security Council of the United Nations (International Court of Justice General Information – The Court at a Glance , Feb 2006

The procedure followed by the World Court is similar to the basic procedures broadly followed by the Courts in the United States . The Courts in the United States also have the same process of submission of written briefs followed by oral arguments and finally deliberation and judgment (The court and its Procedures , September 2006

Advisory opinion is a procedure initiated by the World Court in to allow Public International Organizations to approach it for legal advice . Previously only States had the right to appear before the World Court and International Organizations only furnished the Court with necessary information as requested . They can now approach and seek interpretation of the texts of law or of the Charter of the United Nations . However , despite this facility being made available , the organizations have made little use of the same (The International Court of Justice , 2004 pp 79-82

References

International Court of Justice (2007 , January 25 . In Wikipedia , The Free Encyclopedia . Retrieved January 26 , 2007 , from HYPERLINK “http /en .wikipedia .org /w /index .php ?title International_Court_of_Justic e oldid 0 ” \o “http /en .wikipedia .org /w /index .php ?title International_Court_of_Justic e oldid 0 http /en .wikipedia .org /w /index .php ?title International_Court_of_Justice oldid 0

International Court of Justice General Information – History (February 2006 ) Retrieved January 26 , 2007 from HYPERLINK “http /www .icj-cij .org /icjwww /igeneralinformation /ibbook /Bbookchapter1 HTM http /www .icj-cij .org /icjwww /igeneralinformation /ibbook /Bbookchapter1 .H TM

ICJ Hague , 2004 . The Proceedings in The International Court of Justice (pp 51-54 (5th Ed ) Great Britain Retrieved on January 26 , 2007 from HYPERLINK “http /www .icj-cij .org /icjwww /igeneralinformation .htm http /www .icj-cij .org /icjwww… [banner_entry_footer]

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