Week 9 - The International Court of Justice
44 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What distinguishes the International Court of Justice (ICJ) as an inter-state tribunal?

  • It has limited jurisdiction over specific areas of law.
  • It primarily handles cases of economic disputes.
  • It only addresses issues related to human rights.
  • It is the only tribunal with general jurisdiction. (correct)

    • Which of the following is NOT a general feature of the International Court of Justice?

  • It has jurisdiction over all types of legal disputes worldwide. (correct)
  • It operates under a rigid mechanism.
  • It influences the development of public international law.
  • Part of the peaceful settlement mechanisms under Article VI of the UN Charter.

    • How many judges serve on the International Court of Justice?

  • 18 Judges
  • 9 Judges
  • 12 Judges
  • 15 Judges (correct)

    • What is a condition for the election of judges in the International Court of Justice?

    <p>They must represent the main forms of civilization and legal systems.</p> Signup and view all the answers

    Which document is NOT part of the governing texts for the ICJ's procedure and organization?

    <p>International Law Commission Guidelines</p> Signup and view all the answers

    Which of the following are components of Article 38 of the ICJ Statute?

    <p>International custom</p> Signup and view all the answers

    According to Article 34 of the ICJ Statute, who can be parties in cases before the Court?

    <p>Only States</p> Signup and view all the answers

    Which statement best describes the principle of jurisdiction ratione consensus?

    <p>It requires the consent of the parties involved.</p> Signup and view all the answers

    What consequence does the Monetary Gold principle have on third States in proceedings?

    <p>Third States cannot participate in proceedings.</p> Signup and view all the answers

    Which of the following treaties is focused on the peaceful settlement of disputes?

    <p>Pact of Bogotá</p> Signup and view all the answers

    What is required for the jurisdiction of the ICJ according to Article 36.1?

    <p>Consent from all involved parties.</p> Signup and view all the answers

    What does Article 34.2/3 indicate about international organizations?

    <p>They can participate only through states.</p> Signup and view all the answers

    Which of the following is NOT a recognized method of achieving jurisdiction according to the principle of lack of formalism?

    <p>Customary international law</p> Signup and view all the answers

    What does the obligation to comply, as referenced in Art. 94 of the UN Charter, entail?

    <p>Implementation of decisions may require subsequent steps</p> Signup and view all the answers

    Which aspect does 'Connection in law' NOT include?

    <p>Same geographical area</p> Signup and view all the answers

    What characterizes the concept of res judicata between the parties?

    <p>It is limited to the particular case and parties involved</p> Signup and view all the answers

    What is emphasized by the concept of 'means of enforcement'?

    <p>Each party decides the enforcement measures to be taken</p> Signup and view all the answers

    What is a key factor when the Court considers departing from its previous decisions?

    <p>Presence of justification for changing precedent</p> Signup and view all the answers

    What must the Court determine regarding Ukraine's claimed rights at this stage of the proceedings?

    <p>The plausibility of the rights claimed</p> Signup and view all the answers

    What does the term 'risk of irreparable prejudice' refer to in the context of provisional measures?

    <p>The immediate harm that could occur to the asserted rights</p> Signup and view all the answers

    Which article addresses the interest of third states in the decisions made by the Court?

    <p>Article 62</p> Signup and view all the answers

    Which of the following is NOT a requirement for a counterclaim to be entertained by the Court?

    <p>It must involve criminal charges</p> Signup and view all the answers

    In the context of provisional measures, which of the following best defines 'urgency'?

    <p>A real and imminent risk necessitating swift action</p> Signup and view all the answers

    What does the term 'non-aggravation of the dispute' imply?

    <p>Avoidance of actions that may worsen the current conflict</p> Signup and view all the answers

    What is a key characteristic of a counterclaim in the context of legal proceedings?

    <p>It widens the subject-matter beyond just the original claim</p> Signup and view all the answers

    Which of the following is an example of a provisional measure according to the provided content?

    <p>Preventing acts that fall under the Convention on Genocide</p> Signup and view all the answers

    Which language(s) can be used for communication in contentious cases?

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

    What must the application include as specified in Article 40?

    <p>Legal grounds of jurisdiction, nature of the claim, and statement of facts</p> Signup and view all the answers

    How many rounds of pleadings are allowed according to the procedural rules?

    <p>Two rounds if necessary</p> Signup and view all the answers

    In the event of a dispute regarding jurisdiction, how is the matter resolved?

    <p>By the decision of the Court</p> Signup and view all the answers

    Preliminary objections must be raised within what timeframe according to Article 79bis?

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

    What does the Court have the power to indicate according to Article 41?

    <p>Provisional measures to preserve rights</p> Signup and view all the answers

    Which of the following is considered a type of incidental proceeding?

    <p>Counter-claims</p> Signup and view all the answers

    What happens after the closure of written proceedings according to Article 56?

    <p>No further documents may be submitted</p> Signup and view all the answers

    What is the primary focus of a compromissory clause?

    <p>To address disputes concerning the interpretation and application of a Treaty.</p> Signup and view all the answers

    What does 'jurisdiction ratione materiae' focus on?

    <p>The legal basis of the dispute itself.</p> Signup and view all the answers

    In which case was the Monetary Gold Principle established?

    <p>Tripartite Commission for the Restitution of the Monetary Gold.</p> Signup and view all the answers

    What does a 'surprise attack' refer to in relation to jurisdiction?

    <p>Incidents where states act without agreeing on jurisdiction.</p> Signup and view all the answers

    What key aspect must be shown to prove the existence of a dispute?

    <p>One party's claim must be positively opposed by the other.</p> Signup and view all the answers

    Which of the following statements about jurisdiction ratione consensu is correct?

    <p>It is related to optional clause declarations and agreements.</p> Signup and view all the answers

    How were the interests of third parties relevant in the Nauru v Australia case?

    <p>They were not relevant to the decision on Nauru's claims.</p> Signup and view all the answers

    What was the significance of the case of Factory at Chorzow in international law?

    <p>It established principles regarding state responsibility.</p> Signup and view all the answers

    In Nicaragua v United States, what was a key implication of the judgment?

    <p>The potential for collective self-defense in international conflicts.</p> Signup and view all the answers

    What does Article 47 of the Articles on State Responsibility address?

    <p>The legal repercussions of state responsibility violations.</p> Signup and view all the answers

    Study Notes

    Week 9 - The International Court of Justice

    • The International Court of Justice (ICJ) is a principal judicial organ of the United Nations
    • It functions under the UN Charter, part of peaceful dispute settlement mechanisms between states
    • The ICJ has general jurisdiction, meaning it can deal with a wide range of international disputes
    • The ICJ operates only between states, unlike some other international tribunals which may handle individual cases
    • It sits outside the specific spheres of influence that typically govern UN bodies
    • A significant influence in clarifying and developing public international law

    Content

    • International Courts and Tribunals: General Issues

      • An exception to the norm, rather than the rule of resolving disputes through third party adjudication
      • Less control for parties in dispute compared with other, less rigid, dispute resolution mechanisms
      • Not all aspects of a dispute need be covered, multiple solutions are possible
      • It relies on existing law as the primary basis for judgements, which can limit its flexibility
      • The mechanism is rigid, and it is a costly process
      • Not suitable for all types of disputes

    • ICJ: Jurisdiction of the Court / Admissibility

      • Jurisdiction is determined by Article 38 of the ICJ Statute
      • International conventions are a source of jurisdiction
      • International custom and general legal principles of recognized nations are further sources
      • It also considers judicial decisions and writings from recognized legal experts
      • The court's jurisdiction is a result of the consent of the states involved in specific disputes; a treaty can be a basis from which consent can arise

    • ICJ: Contentious Proceedings

      • States as parties, English or French in language, agreement on submission of disputes
      • An application to the court or written notification to trigger the agreement
      • A written notification is necessary to communicate to the opposing party and the UN
      • The Application must specify the legal jurisdiction
      • It must detail the nature of the claim
      • It must state the facts

    • Procedure (II): Written Proceedings (Stages of Proceedings)

      • A blend between continental and Anglo-American common law procedure
      • One or two rounds of legal pleadings are possible, depending on need
      • Key deadlines are set with parties involved in a dispute
      • No new documents can be submitted after the finalisation of the written proceedings

    • Procedure (III): Incidental Proceedings

      • Preliminary objections (rules of Court Arts.79-79bis-79ter RoC) that raise questions of jurisdiction or admissibility in a specific dispute are raised by either side
      • Provisional measures that can be indicated to the parties to preserve their rights during pending disputes
      • Interventions of third parties in a dispute (under specific terms for intervention) are possible
      • Counterclaims are possible, but they must be directly related to the original case
      • A special reference to the court where appropriate
      • Discontinuance: where a party withdraws from a dispute

    • The Judgment and its Implementation

      • Art. 94 UN Charter: obligation to comply with judgments
      • Art. 59 of the ICJ Statute: judgments are only binding on the parties involved
      • The ICJ's judgments, based on existing precedents, act as a precedent that will be followed by subsequent cases, but with caveats

    Additional Points

    • Jurisdiction Ratione Personae

      • Only states, reference to general international law
      • Consent by parties to the UN (treaty-related cases)
      • States act on behalf of individuals

    • Jurisdiction Ratione Consensus

      • Explicit or implicit consent, from the UN Charter, or specific treaty
      • Importance of the norm does not imply jurisdiction
      • Third states cannot participate in this case

    • Lack of formalism in jurisdiction

    • Optional clause declarations (Art 36.2 St)

    • Special agreements and forum prorogatum (Art 36.5 St)

    • Treaties on peaceful settlement of disputes are helpful in gaining consent. They include the General Act, Inter-American Treaty and European Convention

    • Jurisdiction Ratione Materiae

    • Definition of dispute involves disagreement on facts/law or interests between two involved parties

    • A mere assertion is not enough to prove dispute exists

    • Relevant cases include South West Africa, and Mavrommatis

    • Monetary Gold Principle

    • History of the case from 1938 and 1943

    • Important principle that limits the willingness of the Court to deal with a dispute between states who may fear that such proceedings will escalate into a broader, contested conflict

    • Subsequent Case Law

      • Relevant cases such as Nicaragua v. United States
      • Cases between states, like Nauru v Australia or Portugal v. Australia, illustrate examples of third-party intervention

    • Governing texts (procedure and organisation)

      • United Nations Charter
      • Statute of the International Court of Justice
      • Rules of Court
      • Resolutions concerning the judicial practice of the Court
      • Practice Directions

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Week 9 - International Court of Justice PDF

    Description

    This quiz explores the functions and significance of the International Court of Justice (ICJ) as one of the principal judicial organs of the United Nations. It covers its role in international dispute resolution, jurisdiction, and its influence on public international law.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser