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Essay On International Court of Justice (ICJ)

Introduction

According to Bentham’s classic definition, law of nations may be a assortment of rules governing relations between states.

It is a mark of how far international law has evolved that this original definition omits individuals and international organizations—two of the most dynamic and vital elements of modern international law.

Furthermore, it’s now not correct to look at law of nations as merely a set of rules; rather, it’s a apace developing complicated of rules and influential—though in some way binding—principles, practices, and assertions let alone progressively subtle structures and processes.

In its broadest sense, law of nations provides normative pointers still as ways, mechanisms, and a standard abstract language to international actors—i.e., primarily sovereign states however additionally progressively international organizations and some individuals.

The vary of subjects and actors directly involved with law of nations has widened significantly, moving on the far side the classical queries of war, peace, and diplomacy to incorporate human rights, economic and trade issues, space law, and international organizations.

Although law of nations may be a legal order associated not an moral one, it’s been influenced considerably by moral principles and issues, notably within the sphere of human rights.

International law is distinct from international comity, which comprises legally nonbinding practices adopted by states for reasons of courtesy (e.g., the saluting of the flags of foreign warships at sea).

In addition, the study of law of nations, or public law of nations, is distinguished from the sector of conflict of laws, or personal law of nations, which is concerned with the rules of municipal law—as international lawyers term the domestic law of states—of completely different countries wherever foreign components ar concerned.

International law is associate freelance system of law existing outside the legal orders of explicit states.

It differs from domestic legal systems during a range of respects.

For example, though the UN (UN) General Assembly, that consists of representatives of some one hundred ninety countries, has the outward appearances of a legislature, it has no power to issue binding laws.

Rather, its resolutions serve solely as recommendations—except in specific cases and for sure functions inside the international organization system, like deciding the international organization budget, admitting new members of the

UN, and, with the involvement of the safety Council, electing new judges to the International Court of Justice (ICJ).

Also, there’s no system of courts with comprehensive jurisdiction in law of nations.

The ICJ’s jurisdiction in contentious cases is based upon the consent of the actual states concerned.

There is no international personnel or comprehensive system of enforcement, and there is also no supreme govt authority.

The international organization SC might authorize the utilization of force to compel states to go with its choices, but only in specific and limited circumstances; essentially, there must be

a prior act of aggression or the threat of such associate act.

Moreover, any such social control action may be vetoed by any of the council’s 5 permanent members (China, France, Russia, the uk, and the United States).

Because there’s no standing international organization military, the forces involved must be assembled from member states on an ad hoc basis.

International law may be a distinctive a part of the overall structure of mediation.

In considering responses to a specific international scenario, states typically take into account relevant international laws.

Although significant attention is invariably targeted on violations of law of nations, states generally are careful to ensure that their actions conform to the rules and principles of international law, because acting otherwise would be regarded negatively by the international community.

The rules of law of nations ar seldom implemented by military suggests that or maybe by the utilization of economic sanctions.

Instead, the system is sustained by reciprocity or a way of enlightened self-interest.

States that breach international rules suffer a decline in credibility that may prejudice them in future relations with other states. Thus, a violation of a treaty by one state to its advantage may induce other states to breach other treaties and thereby cause harm to the original violator.

Furthermore, it is generally realized that consistent rule violations would jeopardize the value that the system brings to the community of states, international organizations, and other actors.

This worth consists within the certainty, predictability, and sense of common purpose in international affairs that derives from the existence of a set of rules accepted by all international actors.

International law additionally provides a framework and a collection of procedures for international interaction, still as a standard set of ideas for understanding it.

International Court of Justice (ICJ)

International Court of justice – ICJ is a principal organ under International law, created to resolve the disputes between the states. It bears a great responsibility in resolving International disputes. International Court of Justice is that the successor of Permanent Court of Justice.

The idea to form a global court to alter International dispute initial arose throughout city Convention. After the primary warfare and creation of League of Nation, the thought was reborn into reality and Permanent Court of International justice was established. The court came into operation in 1922.

The purpose to create International court was to settle the disputes between states and to establish peace globally. When there is a dispute between two nations, the difficulty arises with regards to the jurisdiction. To resolve this issue, the international court was established.

International Court of Justice (ICJ) is that the successor of the Permanent Court of International Justice.

The statute of Permanent Court of Justice has been adopted for the International Court of Justice (hereinafter referred as ‘Court’).

The institution of the Court became necessary as a result of to realize the tip of law there should be a judicial organ.

So, the Court is that the ‘Principle Judicial Organ’ of the international organisation.

Jurisdiction: International Court of Justice (ICJ)

Broadly speaking there are two kinds of jurisdiction of the Court  – Contentious Jurisdiction, and Advisory Jurisdiction.

Contentious Jurisdiction : International Court of Justice (ICJ)

Broadly speaking there are two kinds of jurisdiction of the Court – Contentious Jurisdiction, and Advisory Jurisdiction.

Contentious Jurisdiction: – That jurisdiction of the Court on the idea of that the Court decides any case with the consent of the parties to the case, is termed ‘Contentious Jurisdiction.’ It is fundamental principle of international law that without the consent of any party to a case, the same shall not be referred to mediation or arbitration.

The same rule is, with some restriction, is applicable to the jurisdiction of the Court.

In alternative words, the Court is not entitled to initiate any proceeding merely because one party files a case, rather the consent of both the parties are necessary that dependent is additionally needed to offer consent to the case.

Contentious Jurisdiction is of three kinds which may be given as under:

  1. Voluntary Jurisdiction.
  2. Ad hoc Jurisdiction.
  3. Compulsory Jurisdiction.

Advisory Jurisdiction: International Court of Justice (ICJ)

Advisory Jurisdiction implies that the jurisdiction of the Court by that it’s going to solely provide associate informatory opinion on an issue of law.

This doesn’t need the consent of the parties to a case however once associatey International Institute (General Assembly or Security Council) raise the Court to relinquish an informatory opinion on the question. This opinion is not binding on the parties.

So, the case could also be referred by a world organization or by any organs at intervals the scope of their activities.

Composition: International Court of Justice (ICJ)

The ICJ is composed of 15 permanent judges elected by the UN General Assembly and the UN Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration. The election process is set out in Articles 4-12 of the ICJ statute.

Enforcement of Judgment: International Court of Justice (ICJ)

International Court of Justice aims to resolve the dispute between nations. The state parties in case of any dispute approach to ICJ to resolve the matters. The judgment given by the court is binding on the parties.

Each member of the United Nation has to comply with the decision of the International Court of Justice in any case to which it is a party.

If any party fails to comply with the decision of the court, the other party may recourse to the Security Council.  The Security Council may if it deems necessary can make recommendations or measures to be taken to give effect to the judgment.

Contribution of International Court of justice (ICJ) in International Law

International Court of Justice was established with a read to resolve international matters and to keep up international peace.

Though the court cannot contribute directly towards the international law, it has contributed indirectly through the clarification and development of rules of the principle of International Law.

Overview

International Court of Justice aims to resolve the issue between nations and to maintain peace in the world. In every country, there is a judicial system, an arbitration to resolve its matters within its territory. But when the dispute involves two countries or more than two countries then difficulty arise as which country has jurisdiction to deal with the matter and this constitutes another dispute. Even non-member state can also appeal to ICJ. International Court of Justice has immensely contributed towards international law by not only resolving the disputes but it has also interpreted laws and given clarity to them through its judgments. ICJ has provided landmark judgments on various social issues in the world. ICJ, as a principal judicial organ has contributed a lot to maintaining peace in the world.

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Md Sahabuddin Mondal

Junior Advocate, Calcutta High Court

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