Exercise 11.

Задание на 16.04.2020

Exercise 11.

The International Court of Justice is the principal judicial organ of the United Nations. Its seat is at the Peace Palace in The Hague (Netherlands). It began work in 1946, when it replaced the Permanent Court of International Justice which had functioned in the Peace Palace since 1922.

It operates under a Statute largely similar to that of its predecessor, which is an integral part of the Charter of the United Nations. The Court has a dual role: to settle, in accordance with international law the legal disputes submitted to it by States (contentious function); to give advisory opinions on legal questions referred to it by duly authorized UN organs and agencies (advisory function).

Only States may be Parties in contentious proceedings before the Court. The Court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction in one or more of the following ways: by the conclusion between them of a special agreement to submit the dispute to the Court; by virtue of a jurisdictional clause, i.e. typically, when they are parties to a treaty containing a provision whereby, in the event of a disagreement over its interpretation or application, one of them may refer the dispute to the Court.

As in any court, incidental proceedings may arise during a case before the Court, suspending or modifying the course of the main proceedings. The parties, the Court itself or third parties may raise questions and objections, or submit claims on which the Court must decide in so-called incidental proceedings, which are separate from the proceedings on the merits of the case.

The Court is composed of 15 judges elected to nine-year terms of office by the United Nations General Assembly and Security Council sitting independently of each other. It may not include more than one judge of any nationality. The Members of the Court do not represent their governments but are independent magistrates. The judges must possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognized competence in international law.

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