The peaceful settlements of disputes - The International Court of Justice

5 important questions on The peaceful settlements of disputes - The International Court of Justice

Who has access (who may bring or be brought before the Court) to the ICJ in contentious (omstreden) cases?

Only states

Which ways are there for states to express their consent?

  • Compromis; parties agree to submit a particular dispute to the Court,
  • A treaty where the parties agree to submit future disputes between them to the ICJ,
  • A declaration to accept the Court's jurisdiction now and in the future or
  • A forum prorogatum; a state has not consented to the jurisdiction of the Court but it does when an application is filed against them

Which rule does the ICJ apply in the cases of third states?

The Court will decline to exercise its jurisdiction in a dispute between two consenting states if it finds that the rights and obligations of a non-consenting third state form the subject matter of the dispute
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When can the Court indicate provisional measures to preserve the respective rights of either party?

When the Court has jurisdiction, when the rights of the requesting party must be at least 'plausible' (aannemelijk). And when there is an urgent need for action

What does the UN Charter say about the judgements by the Court that are final and without appeal?

The members of the UN have to comply with the decisions and if they do not, other states can bring this up to the Security Council which can take measures to give effect to the judgement

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