International Court of Justice ICJ Short Notes for LLB Law
https://things-for-students.blogspot.com/2019/09/international-court-of-justice-icj.html
Hello friends welcome to another tutorial lesson. Today's topic is International Court of Justice(ICJ). It will be useful for LL.B students and LL.M students. This short noted is suitable for 5 marks questions. Fell free to share this article with your near and dear ones. Subscribe our free email news letter for latest post updates.
Introduction: Permanent Court of International Justice was the first court
which was established by League of Nations to resolve the International disputes.
International Court of Justice was established in June 1945 by United Nations
Charter.
Composition of International court of Justice (ICJ):
According to Article 7 of International Court of Justice (ICJ)
is one of the principle organs of United Nations (UN). All members of United
Nations are members of ICJ. If any state is not a member of United Nations then it may
also be a party of International Court of Justice (ICJ) of recommendation on Security Council and general
assembly. Total number of judges of International Court of Justice =15. Judges are elected separately by Security Council and
General Assembly. Judges are appointed for a term of Nine (9) years. 5 Judges of International Court of Justice are always
elected from Five (5) permanent members of Security Council. Judges are elected in such a way that Asia, Africa, Europe,
Latin America are well presented.
Laws applied by International Court of Justice:
According to Article 38 of Statute of International Court of
Justice, the International Court of Justice (ICJ) shall decide the disputes between the parties submitted to it
in accordance with International Law and will apply International sources of
Law in the following mentioned order.
(i) International treaty or conventions
(ii) International customs
(iii) General Principles of Law as recognized by the civilized
nations
(iv) Judicial works and Juristic works
Jurisdiction of International Court of Justice:
Two most important jurisdiction of International Court of Justice (ICJ) are-
1. Contentious Jurisdiction:
In Contentious jurisdiction the State parties submit their
case to the International Court of Justice (ICJ). Contentious jurisdiction is also classified into two.
(a) Voluntary
(b) Optional
2. Advisory Jurisdiction:
The General Assembly or Security Council may request to the International Court of Justice (ICJ) to give any advisory opinion on legal questions. Other organs of United
Nations and specialized agencies (like Economic and social Council (EcoSoc),
IAEC etc.) which are authorized by General Assembly may also request any
advisory opinion of International Court of Justice on legal matters
