Competence of the International Court of Justice.pptx

ICJ

1. Competence of the International Court of Justice Thota Balaji 21BLA1004

2. Introduction The International Court of Justice is authorized to adjudicate a range of cases that involve parties subject to its statute, as well as issues that arise under international treaties or conventions. The court’s jurisdiction over these matters is outlined in Chapter II of its Statute. The specific provisions contained within this chapter are as follows

3. Parties to the Case Individuals Corporations Non-governmental Organizations Any group of organizations United Nations Organs

4. Non Member State Parties to the Case Under Article 35(2) of the Statute, the Security Council determines the conditions for other countries to access the International Court of Justice, subject to any special provisions in international treaties. Once these conditions are met, such Non-Member States can become parties to a case. The Court is required to treat both Member States and Non-Member States equally in a case, without any discrimination. As per Article 35(3) of the Statute, a Non-Member State of the United Nations is responsible for covering the costs associated with the case. The Court will determine an amount to be paid to the International Court of Justice to cover the court’s expenses. However, if the state is already contributing to the court’s expenses, it is not required to pay this amount. These conditions enable a Non-Member State to become a party to a case.

5. The Ambit of the ICJ Under Article 36(2) of the Statute of the International Court of Justice, the court can consider the following types of disputes: Any legal dispute related to the interpretation of a treaty. Any dispute concerning a question of international law. Parties can bring a case to the court if there is a fact that could constitute a breach of an international obligation, if proven. In the event of such a breach, parties can seek to determine the nature or extent of the reparation for the breach.

6. Legislatures Applicable In deciding a case, the Court applies the following provisions: Rules that are explicitly acknowledged by the disputing states in a general or specific international convention. International customs, which serve as evidence of a generally accepted practice being recognized as law. General principles of law recognized by civilized nations. The Court may also refer to judicial decisions and the teachings of highly qualified publicists. Additionally, if the parties to the case agree, the Court has the authority to make decisions based on fairness and good conscience.

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