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Submitted by-Amulya Nigam
(ballb vii sem)
About ICJ
• Judicial Organ of United Nation
• Established in June 1945 by the Charter of UN
• Started working in April 1946
• Seat of Court: Peace Palace, Hague, Netherland
• It has fifteen judges elected by General Assembly
and Security Assembly for 9 years
Formation Phases
Hague conference and the Permanent Court of
Arbitration (PCA) -1899
Permanent Court of Justice -1920
International Court of Justice-1946
First case submitted- 1947
COMPOSITION
• The ICJ is composed of fifteen judges elected
to nine-year terms by the UN General
Assembly and the UN Security Council.
• Ad hoc judges
• Chambers
CURRENT COMPOSITION
• As of 9 February 2015, the composition of the
Court is as follows-
• 2015–2018
NAME NATIONALITY
Xue Hanqin China
Sir Christopher Greenwood United kingdom
Ronny Abraham France
Peter Tomka Slovakia
Patrick Lipton Robinson Jamaica
Mohamed Bennouna Morocco
Kirill Gevorgian Russia
Julia Sebutinde Uganda
Joan E. Donoghue United States
James Crawford Australia
Hisashi Owada Japan
Giorgio Gaja Italy
Dalveer Bhandari India
Antônio Augusto Cançado
Trindade
Brazil
Abdulqawi Ahmed Yusuf Somalia
2015–2018
JURISDICTION
• As stated in Article 93 of the UN Charter, all
193 UN members are automatically parties to
the Court's statute.Non-UN members may
also become parties to the Court's statute
under the Article 93(2) procedure.
ICJ- DUAL Jurisdiction
• Contentious cases between/among states:
Disputes of legal nature submitted by states
• Advisory jurisdiction
Statute of the International Court of Justice (ICJ)
-5 Chapters , 70 Articles
CONTENTIOUS ISSUES
• In contentious cases (adversarial proceedings seeking
to settle a dispute), the ICJ produces a binding ruling
between states that agree to submit to the ruling of
the court. Only states may be parties in contentious
cases. Individuals, corporations, parts of a federal state,
NGOs, UN organs and self-determination groups are
excluded from direct participation in cases, although
the Court may receive information from
public international organizations. This does not
preclude non-state interests from being the subject of
proceedings if one state brings the case against
another.
States gives consent in THREE WAYS
An Special
Agreement
A Clause in
Treaty (A
compromisory
Clause)
A Unilateral
Declaration
International Court of Justice
Jurisdiction is often a crucial question for the Court
in contentious cases. The key principle is that the
ICJ has jurisdiction only on the basis of consent.
1. Article 36(1)
2. Article 36(2)
3. Article 36(5)
4. Article 37
5.In addition, the Court may have jurisdiction on
the basis of tacit consent. The notion arose in
the Corfu Channel Case (UK v Albania) (1949) in
which the Court held that a letter from Albania
stating that it submitted to the jurisdiction of the
ICJ was sufficient to grant the court jurisdiction.
ADVISORY OPINION
An advisory opinion is a function of the Court open
only to specified United Nations bodies and
agencies. On receiving a request, the Court
decides which States and organizations might
provide useful information and gives them an
opportunity to present written or oral
statements. Advisory Opinions were intended as
a means by which UN agencies could seek the
Court's help in deciding complex legal issues that
might fall under their respective mandates. One
such well-known advisory opinion is the Nuclear
Weapons Case.
Examples of contentious cases
• A complaint by the United States in 1980 that Iran was detaining American
diplomats in Tehran in violation of international law.
• A dispute between Tunisia and Libya over the delimitation of the continental
shelf between them.
• A complaint by Iran after the shooting down of Iran Air Flight 655 by
the United States Navy guided missile cruiser.
• A dispute over the course of the maritime boundary dividing the U.S. and
Canada in the Gulf of Maine area.
• A complaint by the Federal Republic of Yugoslavia against the member
states of the North Atlantic Treaty Organization regarding their actions in
the Kosovo War. This was denied on 15 December 2004 due to lack of
jurisdiction, because the FRY was not a party to the ICJ statute at the time it
made the application.
• A complaint by the Republic of Macedonia (former Yugoslav Republic of
Macedonia) that Greece is, by vetoing their accession to NATO, in violation
of the Interim Accord of 13 September 1995 between the two countries, was
decided in favor of Macedonia on 5 December 2011.
• A complaint by the Democratic Republic of the Congo that the DRC's
sovereignty had been violated by Uganda, and that DRC had lost billions of
dollars worth of resources,[was decided in favor of the DRC.
Two Type of Cases
CONTENTIOUS ADVISORY
Republic of Nicaragua v. The United
States of America
Nuclear weapon case
international court of jurisdiction

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international court of jurisdiction

  • 2.
  • 3. About ICJ • Judicial Organ of United Nation • Established in June 1945 by the Charter of UN • Started working in April 1946 • Seat of Court: Peace Palace, Hague, Netherland • It has fifteen judges elected by General Assembly and Security Assembly for 9 years
  • 4. Formation Phases Hague conference and the Permanent Court of Arbitration (PCA) -1899 Permanent Court of Justice -1920 International Court of Justice-1946 First case submitted- 1947
  • 5. COMPOSITION • The ICJ is composed of fifteen judges elected to nine-year terms by the UN General Assembly and the UN Security Council. • Ad hoc judges • Chambers
  • 6. CURRENT COMPOSITION • As of 9 February 2015, the composition of the Court is as follows- • 2015–2018
  • 7. NAME NATIONALITY Xue Hanqin China Sir Christopher Greenwood United kingdom Ronny Abraham France Peter Tomka Slovakia Patrick Lipton Robinson Jamaica Mohamed Bennouna Morocco Kirill Gevorgian Russia Julia Sebutinde Uganda Joan E. Donoghue United States James Crawford Australia Hisashi Owada Japan Giorgio Gaja Italy Dalveer Bhandari India Antônio Augusto Cançado Trindade Brazil Abdulqawi Ahmed Yusuf Somalia 2015–2018
  • 8. JURISDICTION • As stated in Article 93 of the UN Charter, all 193 UN members are automatically parties to the Court's statute.Non-UN members may also become parties to the Court's statute under the Article 93(2) procedure.
  • 9. ICJ- DUAL Jurisdiction • Contentious cases between/among states: Disputes of legal nature submitted by states • Advisory jurisdiction Statute of the International Court of Justice (ICJ) -5 Chapters , 70 Articles
  • 10. CONTENTIOUS ISSUES • In contentious cases (adversarial proceedings seeking to settle a dispute), the ICJ produces a binding ruling between states that agree to submit to the ruling of the court. Only states may be parties in contentious cases. Individuals, corporations, parts of a federal state, NGOs, UN organs and self-determination groups are excluded from direct participation in cases, although the Court may receive information from public international organizations. This does not preclude non-state interests from being the subject of proceedings if one state brings the case against another.
  • 11. States gives consent in THREE WAYS An Special Agreement A Clause in Treaty (A compromisory Clause) A Unilateral Declaration International Court of Justice
  • 12. Jurisdiction is often a crucial question for the Court in contentious cases. The key principle is that the ICJ has jurisdiction only on the basis of consent. 1. Article 36(1) 2. Article 36(2) 3. Article 36(5) 4. Article 37 5.In addition, the Court may have jurisdiction on the basis of tacit consent. The notion arose in the Corfu Channel Case (UK v Albania) (1949) in which the Court held that a letter from Albania stating that it submitted to the jurisdiction of the ICJ was sufficient to grant the court jurisdiction.
  • 13. ADVISORY OPINION An advisory opinion is a function of the Court open only to specified United Nations bodies and agencies. On receiving a request, the Court decides which States and organizations might provide useful information and gives them an opportunity to present written or oral statements. Advisory Opinions were intended as a means by which UN agencies could seek the Court's help in deciding complex legal issues that might fall under their respective mandates. One such well-known advisory opinion is the Nuclear Weapons Case.
  • 14. Examples of contentious cases • A complaint by the United States in 1980 that Iran was detaining American diplomats in Tehran in violation of international law. • A dispute between Tunisia and Libya over the delimitation of the continental shelf between them. • A complaint by Iran after the shooting down of Iran Air Flight 655 by the United States Navy guided missile cruiser. • A dispute over the course of the maritime boundary dividing the U.S. and Canada in the Gulf of Maine area. • A complaint by the Federal Republic of Yugoslavia against the member states of the North Atlantic Treaty Organization regarding their actions in the Kosovo War. This was denied on 15 December 2004 due to lack of jurisdiction, because the FRY was not a party to the ICJ statute at the time it made the application. • A complaint by the Republic of Macedonia (former Yugoslav Republic of Macedonia) that Greece is, by vetoing their accession to NATO, in violation of the Interim Accord of 13 September 1995 between the two countries, was decided in favor of Macedonia on 5 December 2011. • A complaint by the Democratic Republic of the Congo that the DRC's sovereignty had been violated by Uganda, and that DRC had lost billions of dollars worth of resources,[was decided in favor of the DRC.
  • 15. Two Type of Cases CONTENTIOUS ADVISORY Republic of Nicaragua v. The United States of America Nuclear weapon case