International Court of Justice Overview
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Questions and Answers

What must the Court determine regarding the rights claimed by a party at the initial stage of the proceedings?

  • Whether the rights have been acknowledged by the other party
  • Whether the rights are definitively established
  • Whether the rights can be protected in any form
  • Whether the rights claimed are plausible (correct)

    • Which of the following is NOT a requirement for provisional measures?

  • Non-aggravation of the dispute
  • Real and imminent risk
  • Definitive proof of rights (correct)
  • Link between measures and rights

    • What is one of the functions of counterclaims as described in the content?

  • To widen the subject-matter of the dispute (correct)
  • To directly dismiss the claim of the other party
  • To limit the jurisdiction of the Court
  • To defend against the original claims

    • In the context of third-party intervention, what does Article 63 affirm?

    <p>Right to intervene in proceedings</p> Signup and view all the answers

    What establishes the connection in fact for counter-claims?

    <p>Same geographical area, same period, or facts of similar nature</p> Signup and view all the answers

    What is the primary legal obligation outlined in Article 94 of the UN Charter?

    <p>To comply with the decisions of the Court</p> Signup and view all the answers

    What is the primary focus of provisional measures in a case?

    <p>To prevent irreparable harm to rights asserted</p> Signup and view all the answers

    Which statement accurately reflects the concept of res judicata in the context of the Court's decisions?

    <p>Each decision is only binding for the parties involved in that particular case.</p> Signup and view all the answers

    What distinguishes a counterclaim from a defense in court procedures?

    <p>A counterclaim is a separate claim</p> Signup and view all the answers

    Which statement correctly describes the concept of 'prima facie jurisdiction'?

    <p>It assesses potential outcomes based on jurisdiction</p> Signup and view all the answers

    What does the implementation of a judgment often require?

    <p>Subsequent measures such as demarcation and negotiations</p> Signup and view all the answers

    What does the urgency requirement suggest in the context of provisional measures?

    <p>There must be an impending risk of harm</p> Signup and view all the answers

    What factor can potentially influence the enforcement of a judgment by the parties involved?

    <p>The willingness or unwillingness of the parties to comply</p> Signup and view all the answers

    What must be specified in the application for contentious cases?

    <p>Nature of the claim and statement of facts</p> Signup and view all the answers

    Who can raise preliminary objections according to Article 79 of the Rules of Court?

    <p>Both parties</p> Signup and view all the answers

    What is the maximum time frame for a party to raise preliminary objections?

    <p>Three months</p> Signup and view all the answers

    What characterizes the written proceedings in contentious cases?

    <p>Agreed deadlines with the parties involved</p> Signup and view all the answers

    Which article specifies the Court's power to indicate provisional measures?

    <p>Article 41</p> Signup and view all the answers

    What could a preliminary objection pertain to according to general admissibility questions?

    <p>Legal consequences of the Court's decision</p> Signup and view all the answers

    In contentious cases, which of the following languages are allowed for submissions?

    <p>English or French</p> Signup and view all the answers

    What happens to the proceedings when a preliminary objection is raised?

    <p>Proceedings are suspended</p> Signup and view all the answers

    Which of the following terms describes the Court's power to preserve rights through provisional measures?

    <p>Equitable relief</p> Signup and view all the answers

    What does Article 36 of the ICJ Statute address regarding disputes?

    <p>Settlement by the Court's decision</p> Signup and view all the answers

    What is meant by 'Jurisdiction Ratione Materiae' in the context of disputes?

    <p>It pertains to the subject matter of a legal dispute.</p> Signup and view all the answers

    Which of the following statements best describes the concept of 'dispute'?

    <p>It refers to any disagreement in terms of law or fact.</p> Signup and view all the answers

    What does the Monetary Gold Principle state about the admissibility of cases?

    <p>It necessitates that the claim of one party is essential for the judgment.</p> Signup and view all the answers

    What was a significant outcome of the Nicaragua v United States case?

    <p>It highlighted the concept of collective self-defense.</p> Signup and view all the answers

    Which of the following best illustrates the term 'preliminary objections' in the ICJ context?

    <p>Challenges to the legal basis of the court's authority.</p> Signup and view all the answers

    What is the core principle guiding the interpretation of treaties regarding state responsibility?

    <p>Systematic interpretation may include other international law principles.</p> Signup and view all the answers

    In which case were third parties like Indonesia considered in relation to self-determination rights?

    <p>Portugal v Australia.</p> Signup and view all the answers

    What are 'surprise attacks' in the context of jurisdiction?

    <p>Surprise legal claims made without prior notice.</p> Signup and view all the answers

    How does Article 36.2 of the ICJ Statute define the acceptance of jurisdiction?

    <p>In relation to any other state accepting the same obligation.</p> Signup and view all the answers

    The term 'jurisdiction ratione consensus' in ICJ context refers to what?

    <p>Jurisdiction based on the consent of the parties involved.</p> Signup and view all the answers

    Study Notes

    Week 9 - The International Court of Justice

    • The International Court of Justice (ICJ) is part of the UN system, working toward peaceful state-to-state dispute resolution.
    • It operates as the principal judicial organ of the UN, with significant influence in clarifying and shaping public international law.
    • An intergovernmental tribunal, the ICJ only addresses disputes between states.
    • The Court functions as a crucial mechanism for peaceful settlement of international disputes, based on the UN Charter's Article VI.

    International Courts and Tribunals: General Issues

    • Third-party adjudication in international disputes often involves a loss of control.
    • International courts and tribunals aren't designed to address all aspects of a dispute.
    • Solutions are typically based on law, using a rigid framework, leading to potentially costly procedures.
    • Not all disputes are suitable for judicial resolution through international courts and tribunals.

    ICJ: Jurisdiction of the Court/Admissibility

    • ICJ jurisdiction is based on state consent, as outlined in Article 36, Section 1 of the ICJ Statute.
    • Consent can be expressed through international conventions or treaties, specific declarations, or special agreements.
    • The principle of consent is crucial; without it, the Court's jurisdiction does not apply.
    • The nature and importance of a norm do not automatically grant the Court jurisdiction.

    ICJ: Contentious Proceedings

    • Parties may use English or French when presenting cases, as outlined in Article 39.
    • The application or notifications of special agreements, as specified in Article 40, are forwarded to the UN Secretary-General to the opposing party.
    • The ICJ application should include the legal basis of jurisdiction, the nature of the claim, and the basic facts.
    • Rules of Court (RoC), specifically Article 38, and 40.1, are crucial to the application process.

    The Judgment and its Implementation

    • The ICJ's judgments are legally binding only between the involved parties and regarding the specific dispute (Article 59 of the ICJ Statute).
    • Applying court decisions can involve subsequent stages such as negotiations, demarcation, or reparations, possibly overseen by the UNSC.
    • The enforcement of these decisions can be complex, relying on the parties' cooperation.

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    Week 9 - International Court of Justice PDF

    Description

    This quiz delves into the International Court of Justice (ICJ), exploring its role within the UN system and its function in resolving state-to-state disputes. It also addresses general issues related to international courts and the implications of third-party adjudication. Test your knowledge on the ICJ's jurisdiction and its significance in international law.

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