Week 9 - The International Court of Justice
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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. (D)</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 (A)</p> Signup and view all the answers

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

<p>International custom (B), Judicial decisions (D)</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 (B)</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. (A)</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. (A)</p> Signup and view all the answers

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

<p>Pact of Bogotá (B)</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. (A)</p> Signup and view all the answers

What does Article 34.2/3 indicate about international organizations?

<p>They can participate only through states. (A)</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 (C)</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 (B)</p> Signup and view all the answers

Which aspect does 'Connection in law' NOT include?

<p>Same geographical area (C)</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 (A)</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 (C)</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 (D)</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 (C)</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 (B)</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 (C)</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 (B)</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 (B)</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 (A)</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 (C)</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 (B)</p> Signup and view all the answers

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

<p>Both English and French (B)</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 (A)</p> Signup and view all the answers

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

<p>Two rounds if necessary (A)</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 (C)</p> Signup and view all the answers

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

<p>Three months (C)</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 (D)</p> Signup and view all the answers

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

<p>Counter-claims (A)</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 (A)</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. (D)</p> Signup and view all the answers

What does 'jurisdiction ratione materiae' focus on?

<p>The legal basis of the dispute itself. (B)</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. (A)</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. (D)</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. (B)</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. (D)</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. (B)</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. (D)</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. (C)</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. (B)</p> Signup and view all the answers

Flashcards

International Courts & Tribunals

Exceptions to the norm when it comes to solving disputes. They use legal frameworks for solutions and are a formal, specialized method.

ICJ (International Court of Justice)

The only UN body with general jurisdiction focused on international disputes between countries.

ICJ Jurisdiction

ICJ's power and authority to hear and address cases related to international law.

ICJ Judges

Fifteen judges, chosen by the UN General Assembly and Security Council, representing different legal systems and cultures, who serve for 9 years.

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ICJ Procedures

The process the ICJ follows to handle international cases, established in documents like the Statute and Rules of Court.

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Contentious Cases (I)

Cases involving disputes between states, requiring the ICJ to determine legal rights and obligations.

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Application in Contentious Cases (I)

The formal document initiating a case before the ICJ, containing key information about the dispute.

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Application's Essential Elements

The legal grounds for jurisdiction, the nature of the claim, and a detailed statement of facts.

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Written Proceedings in Contentious Cases

Exchange of formal legal documents between parties, combining elements of continental and common law systems.

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Preliminary Objections

Challenges raised by a party or the Court itself regarding the ICJ's authority to hear a case.

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Preliminary Objections - Jurisdiction

A challenge asserting that the ICJ lacks the legal power to hear the case.

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Preliminary Objections - Admissibility

A challenge questioning whether the case meets the ICJ's criteria for acceptance, even if the court has jurisdiction.

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Provisional Measures

Temporary actions ordered by the ICJ to preserve the rights of parties during the proceedings.

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Jurisdiction Ratione Personae

The Court's jurisdiction over the parties involved in a case. It primarily applies to States, but individuals can participate through their State's representation.

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Jurisdiction Ratione Consensus

Based on the principle of consent, the Court's jurisdiction arises from agreements between the parties involved in the dispute.

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Optional Clause Declarations

States can choose to declare their acceptance of the Court's jurisdiction in specific cases, as outlined in Article 36.2 of the Statute.

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Forum Prorogatum

A situation where a State, initially not subject to the Court's jurisdiction, agrees to be heard by the Court during the case proceedings.

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Treaties for Peaceful Settlement of Disputes

International agreements that establish procedures for resolving disputes peacefully, often involving the ICJ.

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Pact of Bogotá

A treaty that prohibits the application of peaceful dispute settlement procedures to matters already resolved by other means, including ICJ decisions.

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Art. 2 Pact of Bogotá (Bolivia v Chile, 2015)

This article asserts that the agreement's procedures can't be used for cases already settled by another means, like an ICJ decision.

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Monetary Gold Principle

A principle that prohibits third States from participating in cases before the ICJ, unless they have a specific legal interest in the case.

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Plausibility Requirement

A standard in preliminary proceedings where the court assesses whether the case has a reasonable chance of success based on the legal arguments and evidence presented.

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Irreparable Prejudice

Harm that is significant and cannot be rectified by a later judgment, justifying the need for immediate action.

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Urgency in Provisional Measures

The need for immediate action because of a real and imminent risk of harm to the rights involved in the case.

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Link Between Measures and Rights

The requirement that provisional measures must be directly related to the rights being asserted in the case, preventing their violation.

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Non-Aggravation Principle

In provisional measures, the obligation to avoid actions that could worsen or escalate the dispute.

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Third-Party Intervention

The involvement of a state or entity not originally part of the case, but whose legal interests might be affected by the decision.

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Counter-Claims

A separate claim brought by one party in a case against the other party, expanding the scope of the dispute beyond the original claim.

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Compromissory Clauses

Contractual clauses within treaties that outline how disputes regarding treaty interpretation and application will be resolved.

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Renvoie

The process of referring to the provisions of a treaty and also to other relevant legal principles, such as state responsibility or termination of treaties, to address a dispute.

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Jurisdiction Ratione Materiae

The power of a court to hear a specific type of case, based on the subject matter of the dispute.

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What is the Monetary Gold Principle?

A legal principle that recognizes the rights of affected third parties when a dispute's subject matter directly impacts their own interests.

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Admissibility

The legal requirement for a court to consider a particular case. This involves determining whether the case meets the necessary legal standards.

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Who are Third Parties?

Parties whose interests are indirectly impacted by the subject matter of a dispute even though they aren't directly involved as disputing parties.

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How does the Monetary Gold Principle relate to third parties?

The principle recognizes that third parties have a stake in the outcome when their interests are tied to the very subject matter of the dispute being adjudicated.

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What are some examples of the Monetary Gold Principle?

Examples include the Nicaragua v. United States case (collective self-defense), Nauru v. Australia (phosphate mines), and Portugal v. Australia (East Timor Case), where third parties' interests were affected.

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Counter-Claims Connection

When two or more cases share similarities in facts, law, or jurisdiction, making them connected. This could involve similar geographical locations, time periods, or legal principles.

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Counter-Claims - Same Facts

Counter-claims may be connected by sharing the same geographical area, period in time, or factual elements. This could involve events in the same region or related to the same historical period.

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Counter-Claims - Same Law

Counter-claims can be connected by sharing the same legal objectives, principles, or instruments. This means they could be based on the same legal framework or aim for the same outcome.

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Judgment Implementation

The process of putting the ICJ's decision into action. This may involve actions like border adjustments, negotiations on reparations, or other steps to ensure compliance.

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Judgment Binding Force

The ICJ's judgments are only legally binding between the specific parties involved in a particular case. However, the Court's decisions often serve as precedents for future cases.

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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

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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.

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