Lecture-6-International-Institution-extra-29032024-045156pm.pptx

This presentation is regarding International institutions such as United Nations, International Court of Justice, General Assembly, Security Council.

1. BAHRIA UNIVERSITY LAW SCHOOL TITLE OF COURSE public international law – II BY DR. SABA JAWED Dated: 21 st & 27 th March 2024

2. TODAY’S TOPIC IS “INTERNATIONAL INSTITUTIONS ”

3. OUTLINES OF TODAY’S SESSION Introduction Pacific Settlement of Dispute in Security Council Actions with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression Regional arrangements International court of justice Conclusion

4. PACIFIC SETTLEMENT OF DISPUTES Methods and procedures for the peaceful (pacific) settlement of disputes have been made available in the International Law. States have concluded a great number of multilateral treaties aiming at the peaceful settlement of their disputes and differences. The most important treaties are the 1899 Hague Convention for the Pacific Settlement of International Disputes which was revised by the Second Hague Peace Conference in 1907, the 1928 General Act for the Pacific Settlement of Disputes which was concluded under the auspices of the League of Nations. Furthermore , there are regional agreements, such as the 1948 American Treaty on Pacific Settlement, the 1957 European Convention for the Peaceful Settlement of Disputes, and the 1964 Protocol of the Commission of Mediation and Arbitration of the Organization of African Unity. In addition to such general treaties on dispute settlement, there are many bilateral and multilateral agreements which include specific clauses related to dispute settlement.

5. PACIFIC SETTLEMENT OF DISPUTES The Charter of the United Nations devotes Chapter VI to the methods and procedures for the pacific settlement of disputes. Paragraph 1 of Article 33 of the Charter states the methods for the pacific settlement of disputes as the following: negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, and resort to regional agencies or arrangements. This paragraph obliges States parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, to seek a solution by any of the listed methods or other peaceful means of their own choice. The methods of peaceful settlement of disputes fall into three categories: diplomatic, adjudicative, and institutional methods. Diplomatic methods involve attempts to settle disputes either by the parties themselves or with the help of other entities. Adjudicative methods involve the settlement of disputes by tribunals, either judicial or arbitral. Institutional methods involve the resort to either the United Nations or regional organizations for settlement of disputes.

6. PACIFIC SETTLEMENT OF DISPUTES Peaceful Settlement of Dispute by the United Nations The Settlement of international disputes is one of the most important roles of the United Nations. The Charter of the United Nations stipulates that it is the task of the United Nations “to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace. To this end, the Charter provides a system for the pacific settlement or adjustment of international disputes or situations under which the wide competence of the United Nations in this matter is established, and the corresponding obligations of the members of the United Nations are imposed. This system is delineated mainly in Chapter VI of the Charter. Chapter VI of the Charter contains the United Nations mechanism for the pacific settlement of disputes.

7. PACIFIC SETTLEMENT OF DISPUTES Article 33 obliges the parties to a dispute, the continuance of which is likely to endanger the maintenance of international peace and security, to settle such a dispute by any of the enumerated peaceful means therein, or by any peaceful means of their choice. When the parties fail to observe their obligations or their efforts are not successful, the United Nations will intervene to consider the dispute and give its recommendations on the matters. The Security Council is given the primary responsibility in this regard (UN charter art. 24(1) ). It is entitled to intervene either on its own initiative, upon invitation of any member of the United Nations, upon invitation by the General Assembly, or upon a complaint of a party to a dispute ( UN charter arts. 11(3)). The Security Council may follow three courses of action. First, it may call upon the parties to a dispute to settle their dispute by any of the peaceful means listed in Article 33(1) (UN charter art. 33 (2) ).

8. PACIFIC SETTLEMENT OF DISPUTES Second , it may recommend to the parties appropriate procedures or method of settlement ( UN charter art. 36(1) ). Third, it may recommend terms of settlement, as it may consider appropriate (UN charter art . 37(2). ). Although under the Charter the Security Council is given the primary role for maintaining international peace and security, the General assembly is not excluded from doing so. Under Articles 11, 12 and 14, the General Assembly may discuss and make recommendations for procedures or methods of adjustment, or for terms of settlement, with regard to any dispute or situation brought before it. The disputes or situations may be brought before the General Assembly by the Security Council, any member of the United Nations, or any State party to such dispute (UN charter art. 35. ).

9. Actions with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression Article 39 – Determination of threat to the peace, breach of the peace, or act of aggression Before the Security Council can adopt enforcement measures, it has to determine the existence of any threat to the peace, breach of the peace or act of aggression. The range of situations which the Council determined as giving rise to threats to the peace includes country-specific situations such as inter- or intra-State conflicts or internal conflicts with a regional or sub-regional dimension. Furthermore, the Council identifies potential or generic threats as threats to international peace and security, such as terrorist acts, the proliferation of weapons of mass destruction or the proliferation and illicit trafficking of small arms and light weapons.

10. Actions with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression Article 40 – Provisional measures to prevent the aggravation of a situation The objective of measures under Article 40 of the Charter is to “prevent an aggravation of the situation”. While not expressly enumerated in the United Nations Charter, the types of measures that could be typically assumed as falling under the provision of Article 40, and which are distinct from recommendations made under Chapter VI of the Charter, include a withdrawal of armed forces, a cessation of hostilities, a conclusion or observance of a ceasefire or a creation of the conditions necessary for unimpeded delivery of humanitarian assistance.

11. Actions with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression Article 41 – Measures not involving the use of armed force Among the most common measures not involving the use of armed force, which the Council has at its disposal to enforce its decisions, are those measures that are known as sanctions. Sanctions can be imposed on any combination of states, groups or individuals. The range of sanctions has included comprehensive economic and trade sanctions and more targeted measures such as arms embargoes, travel bans, financial or diplomatic restrictions. Apart from sanctions, Article 41 includes measures such as the creation of international tribunals (such as those for the Former Yugoslavia and Rwanda in 1993 and 1994) or the creation of a fund to pay compensation for damage as a result of an invasion.

12. Actions with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression Article 42 – Other measures to maintain or restore international peace and security Article 42 of the Charter enables the Council to use force to maintain or restore international peace and security if it considers non-military measures to be or to have proven inadequate. As the United Nations does not have any armed forces at its disposal (for details, see Article 43), the Council uses Article 42 to authorize the use of force by a  peacekeeping operation , multinational forces or interventions by  regional organizations . In the  Repertoire , case studies examine the Council’s authorization of enforcement action under Chapter VII of the Charter. It also highlights issues that were raised in the Council’s deliberations in connection with the adoption of the resolutions authorizing the use of force.

13. REGIONAL ARRANGEMENTS Regional Arrangements (Chapter VIII of UN Charter) Chapter VIII of the Charter of the United Nations provides the constitutional basis for the involvement of regional organizations in the maintenance of international peace and security for which the Security Council is primarily responsible. Article 52 provides for the involvement of regional arrangements or agencies in the peaceful settlement of disputes; Article 53 allows such arrangements to take enforcement action, but only with explicit authorization by the Security Council. Article 53, therefore, creates a mechanism that allows the Council to utilize regional arrangements to implement its enforcement measures. Finally , Article 54 stipulates that regional arrangements or agencies shall inform the Council of their activities for the maintenance of international peace and security at all times .

14. INTERNATIONAL COURT OF JUSTICE The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America). The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. It is assisted by a Registry, its administrative organ. Its official languages are English and French .

15. INTERNATIONAL COURT OF JUSTICE HISTORY: The impetus to create a world court for the international community developed as a result of the atmosphere engendered by the Hague Conferences of 1897 and 1907 . Article 14 League's Covenant called for the establishment of a Permanent Court of International Justice (PCIJ), which would be responsible for adjudicating any international dispute submitted to it by the contesting parties, as well as to provide an advisory opinion upon any dispute or question referred to it by the League of Nations.

16. INTERNATIONAL COURT OF JUSTICE HISTORY: In December 1920, following several drafts and debates, the Assembly of the league unanimously adopted the statute of the PCIJ, which was signed and ratified the following year by a majority of members. Among other things, the new Statute resolved the contentious issues of selecting judges by providing that the judges be elected by both the council and the Assembly of the league concurrently but independently. The makeup of the PCIJ would reflect the "main forms of civilization and the principal legal systems of the world“. From its first session in 1922 until 1940, the PCIJ dealt with 29 interstate disputes and issued 27 advisory opinions. The court's widespread acceptance was reflected by the fact that several hundred international treaties and agreements conferred jurisdiction upon it over specified categories of disputes.

17. MEMBERS OF INTERNATIONAL COURT OF JUSTICE HISTORY: Consequently , the PCIJ convened for the last time in October 1945 and resolved to transfer its archives to its successor, which would take its place at the Peace Palace. The judges of the PCIJ all resigned on 31 January 1946, with the election of the first members of the ICJ taking place the following February at the First Session of the United Nations General Assembly and Security Council. In April 1946, the PCIJ was formally dissolved, and the ICJ, in its first meeting, was elected President  José Gustavo Guerrero  of El Salvador, who had served as the last president of the PCIJ.

18. COMPOSITION: Number of Judges: The ICJ is composed of fifteen judges. No two judges can be national of same state. Period of appointment: Judges of the court shall be appointed for the period of nine years. But five of them shall be retired after each three years and may be re-elected (Article 13, Statute of the ICJ). Quorum of the Court: Quorum of ICJ is fixed which is of 9 judges. In case, a judge die or resign during his or her term of office, a special election is held as soon as possible to choose a judge to fill the unexpired part of the term. MEMBERS OF INTERNATIONAL COURT OF JUSTICE

19. COMPOSITION: Method of appointment of judges: The judges elected by the UN General Assembly  and the  UN Security Council . These organs vote simultaneously but separately. In order to be elected, a candidate must receive an absolute majority of the votes in both bodies. This sometimes makes it necessary for a number of rounds of voting to be held . The election process is set out in Articles 4–19 of the ICJ Statute. Qualification of judges : Article 2, Statute of the ICJ, The Court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are juris consults of recognized competence in international law . MEMBERS OF INTERNATIONAL COURT OF JUSTICE

20. COMPOSITION: Privileges: They enjoy diplomatic privileges and immunities when on official business (Article 19, Statute of the ICJ) Dismissal of Judge: A judge cannot be dismissed unless it is the unanimous opinion of the other members of the Court that he or she has ceased to fulfil the required conditions (Article 18, Statute of the ICJ) .These include the requirement that no member may exercise any political or administrative function or engage in any other professional occupation. No member may act as agent, advocate, or counsel in any case and no member may participate in the decision of any case in which he has previously taken part as agent, advocate or counsel for one of the parties, or as a member of a national or international court, or of a commission of inquiry, or in any other capacity (Articles 16 and 17, Statute of the ICJ) . MEMBERS OF INTERNATIONAL COURT OF JUSTICE

21. COMPOSITION: President and vice-president: The Court elects a president and vice-president for a three-year term which can be renewed ( Article 21, Statute of the ICJ) MEMBERS OF INTERNATIONAL COURT OF JUSTICE

22. Article 36 (1) of The Statute of the International court of Justice, lays down that jurisdiction of the court comprises all cases in which the parties refer to it. Court does not decide all the disputes, only decides cases which are legal dispute i.e. when the parties to the dispute base their respective claim and contentions on the ground recognised by International Law. The Court has emphasized that there is a ‘fundamental distinction between the existence of the Court’s jurisdiction over a dispute, and the compatibility with international law of the particular acts which are the subject of the dispute ’. ( Serbia and Montenegro v. UK , ICJ Reports, 2004). The jurisdiction of the International Court falls into two distinct parts: its capacity to decide disputes between states (Contentious Jurisdiction), and its capacity to give advisory opinions when requested so to do by particular qualified entities (ADVISORY PROCEEDINGS ). JURISDICTION OF INTERNATIONAL COURT OF JUSTICE

23. Contentious cases Only States (States Members of the United Nations and other States which have become parties to the Statute of the Court or which have accepted its jurisdiction under certain conditions) may be parties to contentious cases. 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 entering into 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 dispute of a given type or disagreement over the interpretation or application of the treaty, one of them may refer the dispute to the Court; JURISDICTION OF INTERNATIONAL COURT OF JUSTICE

24. Contentious cases through the reciprocal effect of declarations made by them under the Statute, whereby each has accepted the jurisdiction of the Court as compulsory in the event of a dispute with another State having made a similar declaration. A number of these declarations, which must be deposited with the United Nations Secretary-General, contain reservations excluding certain categories of dispute . JURISDICTION OF INTERNATIONAL COURT OF JUSTICE

25. Contentious cases Proceedings may be instituted in one of two ways: Through the notification of a special agreement: this document, which is bilateral in character, can be lodged with the Court by either or both of the States parties to the proceedings. A special agreement must indicate the subject of the dispute and the parties thereto. Since there is neither an “applicant” State nor a “respondent” State, in the Court’s publications their names are separated by an oblique stroke at the end of the official title of the case, e.g., Benin/Niger. JURISDICTION OF INTERNATIONAL COURT OF JUSTICE

26. Contentious cases Proceedings may be instituted in one of two ways: By means of an application: the application, which is unilateral in character, is submitted by an applicant State against a respondent State. It is intended for communication to the latter State and the Rules of Court contain stricter requirements with regard to its content. In addition to the name of the party against which the claim is brought and the subject of the dispute, the applicant State must, as far as possible, indicate briefly on what basis - a treaty or a declaration of acceptance of compulsory jurisdiction - it claims that the Court has jurisdiction, and must succinctly state the facts and grounds on which its claim is based. At the end of the official title of the case the names of the two parties are separated by the abbreviation  v.  (for the Latin versus), e.g.,  Nicaragua  v.  Colombia . JURISDICTION OF INTERNATIONAL COURT OF JUSTICE

27. Contentious cases Contentious proceedings include a written phase, in which the parties file and exchange pleadings containing a detailed statement of the points of fact and of law on which each party relies, and an oral phase consisting of public hearings at which agents and counsel address the Court . After the oral proceedings the Court deliberates  in camera  and then delivers its judgment at a public sitting. The judgment is final, binding on the parties to a case and without appeal (at the most it may be subject to interpretation or, upon the discovery of a new fact, revision). Any judge wishing to do so may append an opinion to the judgment . By signing the Charter, a Member State of the United Nations undertakes to comply with the decision of the Court in any case to which it is a party.  JURISDICTION OF INTERNATIONAL COURT OF JUSTICE

28. Advisory proceedings Advisory proceedings before the Court are only open to five organs of the United Nations and 16 specialized agencies of the United Nations family or affiliated organizations. The United Nations General Assembly and Security Council may request advisory opinions on “any legal question”. Other United Nations organs and specialized agencies which have been authorized to seek advisory opinions can only do so with respect to “legal questions arising within the scope of their activities”. When it receives a request for an advisory opinion the Court must assemble all the facts, and is thus empowered to hold written and oral proceedings, similar to those in contentious cases. In theory, the Court may do without such proceedings, but it has never dispensed with them entirely. JURISDICTION OF INTERNATIONAL COURT OF JUSTICE

29. Advisory proceedings It is rare, however, for the ICJ to allow international organizations other than the one that requested the opinion to participate in advisory proceedings. The requesting organ, agency or organization remains free to give effect to the opinion as it sees fit, or not to do so at all. However, certain instruments or regulations provide that an advisory opinion by the Court does have binding force. JURISDICTION OF INTERNATIONAL COURT OF JUSTICE

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