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Settlement Of Disputes Notes

Law Notes > Public International Law (Detailed Version) Notes

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13.Settlement of Disputes Arbitration

Arbitration was defined by the International Law Commission as "a procedure for the settlement of disputes between States by a binding award on the basis of law and as a result of an undertaking voluntarily accepted". The World Court Organisation

The World Court is the name given to the Permanent Court of International Justice and the present International Court of Justice.

* The Permanent Court of International Justice was established in 1920 under the auspices of the League of Nations.

* In 1946, it was replaced by the International Court of Justice according to art.92 of the United Nations Charter.
*> The International Court of Justice is organised in accordance with the Statute of the International Court of Justice which is a part of the United Nations Charter. ICJ consists of fifteen members, no two of whom may be nationals of the same State: art.3 Statute of ICJ

* Judges are elected by the Security Council and the General Assembly according to a complicated procedure: art.4-14 Statute of ICJ
*> The Court normally sits as a full Court of 15 judges, although cases may be referred to an ad hoc chamber of three or more judges: art.25 Statute of ICJ
- There is no appeal from a chamber decision to the full Court.

* The members of the Court, when engaged on the business of the Court, shall enjoy diplomatic privileges and immunities: art.19 Statute of ICJ National and ad hoc judges

* A judge of the nationality of a State party to a case "retains the right to sit in the case": art.31(1) Statute of ICJ

* A party that does not have a national on the Court may choose an ad hoc judge to sit in the case: art.31(2)-(3) Statute of ICJ
- When one party has a national, the other may choose an ad hoc judge; (2)
- When both parties do not have nationals, both parties may choose. (3)

Access in Contentious Litigation

Only States may be parties to cases before the Court: art.34 Statutes of ICJ

* However, international organisation may also bring claims before the Court: Reparations case The Court "shall be open to the States parties to the present Statute": art.35(1) Statute of ICJ

* Parties to the Statute:
*> All UN members are parties to the Statute: art.93 UN Charter
*> Non-UN member States may become parties to the Statute by complying with the conditions set by the General Assembly on the recommendation of the Security Council: art.93(2) UN Charter

* Non-parties
*> A State not a party to the Statute may have access to the Court by making a declaration accepting its jurisdiction: art.35(2) Statute of ICJ

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