The International Court of Justice (ICJ) settles legal disputes submitted by states and provides advisory opinions to UN bodies. It is composed of 15 judges elected by the UN General Assembly and Security Council. The ICJ has jurisdiction over cases between states if they have accepted its jurisdiction, usually by special agreement, treaty clause, or unilateral declaration. States may make reservations to limit the ICJ's jurisdiction over certain disputes like those solely within domestic jurisdiction. The ICJ lacks jurisdiction if states have not consented to its authority and can raise preliminary objections to the admissibility of a case.

1. The International Court of Justice

2. The International Court of Justice Tasks and function Composition Jurisdiction Procedure Cases

3. Powers and Functions of ICJ Adjudication in contentious cases between states (art. 34 ) Advisory opinions to UN Organs and UN related organizations (art. 65)

4. Composition ICJ 15 judges + (eventualy) 2 judges Ad Hoc Qualified judges Individual and separate opinions registrar Parties Parties president

5. The principle of consent Agreement (art. 36.1 Statute) Unilateral declaration (art. 36.2 Statute) (optional clause system)

6. Kinds of Agreements Special agreements ( compromis ) Compromissory Clause (in treaties) Special treaties Implicit consent ( Forum Prorogatum )

7. Unilateral declaration Reciprocity art. 36 (3) Reservations: material temporal automatic?

8. Jurisdiction 36(2) concerning: Interpretation treaties Every question of public international law Establishment of facts, which contain violation of public international law Content and amount of compensation

9. ICJ lacks jurisdiction No consensual basis reservations Case is not admissible (claimant has no standing) No exhaustion of local remedies no negotiations, wrong nationality Preliminary Objections

10. Agean Sea (Greece v. Turkey) art 17 Treaty for the Peaceful Settlement of Disputes 1928 “ All disputes with regard to which the parties are in conflict as to their respective rights shall, subject to any reservation which may be made under article 39, be submitted to the decision of the Permanent Court of International Justice, unless the parties agree, in the manner hereafter provided to resort to an arbitral tribunal.................

11. Reservation Greece: “… .(b) disputes concerning questions which by international law are solely within the domestic jurisdiction of states, and in particular disputes relation to the territorial status of Greece, including disputes relating to the rights of sovereignty over its ports and lines of communications.…”

12. Nicaragua v. United States ‘ Third’ parties involved Dispute is matter of UN Security Council ( Litis Pendence) Armed conflict precludes objective assessment of facts Nicaragua has failed to exhaust all other means for settling the dispute

13. Art 62 intervention request Malta in Tunesia/Libya Continental Shelf case Italy in Malta/Libya Continental Shelf case El Salvador in Nicaragua case Nicaragua in border conflict El Salvador/Honduras

14. Judgement on the merits 12/4/1960 9/10/1959 21/9/1959 Pleadings on the merits 25/11/1959 25/3/1959 Counter-memorial, Reply, Rejoinder 26/11/1957 Judgement on the Preliminary Objections 22/12/1955 Portugese Application Portugese Memorial India’s preliminary objections (6) 15/6/1956 15/4/1957 15/6/1957 Portugese observations and submissions on questions of jurisdiction 11/10/1959 23/9/1959 Pleadings on jurisdiction RIGHTS OF PASSAGE OVER INDIAN TERRITORY