Basic provisions of Article 38 of the Statute of the International Court. Charter of the United Nations

Story

Permanent Court of International Justice

The first international judicial body designed for the peaceful resolution of disputes was the Permanent Court of International Justice (PCIJ), established in 1920 under the auspices of the League of Nations.

The Chamber was created and financed by the League of Nations, however, the Chamber was not part of the League, and its Statute was not part of the League Statute. A state that became a member of the League did not automatically become a party to the PCIP statute. On the other hand, several hundred treaties have been signed providing for the jurisdiction of the PCIJ over disputes related to these treaties.

Between 1922 and 1940, the PCIJ decided on 29 state disputes and issued 27 advisory opinions, almost all of which were implemented. The Chamber also made a significant contribution to the development international law. Its activities were interrupted by the Second World War, and then, in 1946, along with the League of Nations, the Chamber was dissolved. The Chamber's successor was the International Court of Justice.

Establishment of the International Court of Justice

At this Conference it was decided to create a new judicial body which, in accordance with the finally adopted Article 92 of the Charter of the United Nations, “shall be the principal judicial organ of the United Nations” and shall act in accordance with its Statute. In accordance with the same provision, the Statute of the International Court of Justice, annexed to the Charter of the United Nations, forms an integral part of the Charter. The Statute was adopted unanimously, together with the Charter, at the conclusion of the Conference on June 25, 1945, and entered into force in accordance with Article 110, paragraph 3, of the Charter on October 24, 1945.

The Court first met on April 3, 1946 at the Peace Palace and on April 6 elected its President, Vice-President and Secretary. The first President of the Court was Judge José Gustavo Guerrero (El Salvador), who served as President of the PCIJ until its dissolution. On April 18, 1946, the International Court of Justice held its first public meeting.

UN Charter of the International Court of Justice

The UN Charter contains Chapter XIV"International Court", consisting of five articles (Articles 92 - 96), which define the general most important provisions relating to the Court.

Article 92 states:

The International Court of Justice is the main judicial organ of the United Nations. It operates in accordance with the annexed Statute, which is based on the Statute of the Permanent Court of International Justice and forms an integral part of this Charter.

Article 93 paragraph 1 determines that all UN member states are ipso facto parties to the statute of the Court. This is a significant difference from the state of affairs that existed under the League of Nations, when a member state of the League could not be a party to the PPIP statute.

According to Article 93 paragraph 2, a state that is not a member of the UN can also become a party to the statute under conditions that are determined in each individual case by the General Assembly on the recommendation of the Security Council.

Article 94 obliges states to comply with the decisions of the Court in cases to which they are parties. In cases where any party to a case does not comply with a decision of the Court, the other party may appeal to the Security Council, which in turn may make recommendations or take measures to enforce the decision.

Article 96 gives the General Assembly and the Security Council the right to request advisory opinions from the International Court of Justice for any legal matter. Other organs and specialized organizations The UN, having received appropriate permission from the General Assembly, can also request advisory opinions, but only on such legal issues that arise within their scope of activity.

Structure and composition of the Statute

The statute is divided into 5 chapters and contains a total of 70 articles.

The statute begins with Article 1, proclaiming:

The International Court of Justice, established by the Charter of the United Nations as the principal judicial organ of the United Nations, shall be constituted and act in accordance with the following provisions of this Statute.

The remaining 69 articles are grouped in 5 chapters:

Chapter I: Organization of the court (Articles 2-33)
Chapter II: Competence of the court (Articles 34-38)
Chapter III: Legal proceedings (Articles 39-64)
Chapter IV: Advisory Opinions (Articles 65-68)
Chapter V: Amendments (Articles 69-70).

CHAPTER I: Organization of the Court

Articles 2 to 33 of the Statute regulate the organization of the Court.

The court consists of 15 members, and “it cannot include two citizens of the same state.” Nominations are made not by states, but by national groups of the Permanent Court of Arbitration. The election of members of the Court is carried out independently by the General Assembly and the Security Council of the Court.

Judges are elected for 9 years and can be re-elected (Article 13). They are not allowed to perform any political or administrative duties and “may not devote themselves to any other occupation of a professional nature.” In the performance of their judicial duties, judges enjoy diplomatic privileges and immunities. The Court elects its President and Vice-President for three years; they may subsequently be re-elected (Article 21).

The seat of the Court is established in The Hague, but the Court is not prohibited from “sitting and performing its functions in other places in all cases where the Court finds it desirable” (Article 22). The court may sit either as a whole or in chambers of three or more judges.

Article 31 contains provisions regarding the right of a party (the State) to be represented before the Court by a judge of its nationality. If the Court already contains judges who are citizens of both sides, then these judges “retain the right to participate in hearings on the case pending before the Court.” If there is no judge on the Court who has the nationality of one of the parties, then she has the right to elect a judge to participate in the case. Judges elected in this way “participate in decision-making on equal terms with their colleagues.”

Article 32 regulates matters relating to the salaries of the members of the Court and its President, Vice-President and Registrar, and Article 33 stipulates that the costs of the Court shall be borne by the United Nations.

CHAPTER II: Competence of the Court

Articles 34-38 of the Statute regulate the competence of the Court.

Article 34 establishes general position, according to which only states can be parties to a case before the court. From here, in particular, it follows that the UN does not have the right to make complaints before its main judicial body.

Article 36 regulates the jurisdiction of the Court in specific disputes. Paragraphs 1 and 2 of this article indicate three ways in which a case can be initiated in the Court. These include:

Initiation of a case by agreement of the parties.
Initiation of a case on the basis of a previously concluded agreement providing for the referral of disputes of a certain category to the Court through a unilateral statement by one of the parties.
The initiation of proceedings on the basis of an application by a state party to the Statute of the Court to recognize the jurisdiction of the Court as compulsory in relation to any other state that has undertaken the same obligation.

At the same time, Article 36, paragraph 6 of the Statute explains that “in the event of a dispute about the jurisdiction of the case before the Court, the issue is resolved by a ruling of the Court.”

Article 38, which is considered one of the most important in the Statute, in paragraph 1 indicates the sources of law applied by the court. In addition to them, Art. 38, paragraph 2 gives the Court the right to “resolve the case ex aequo et bono if the parties agree.”

CHAPTER III: Legal proceedings

The articles of the chapter define the procedures and order of legal proceedings. French and English are established as the official languages of the Court (Article 39, paragraph 1). However, at the request of any party, the Court is obliged to grant it the right to use a language other than French and English (Article 39, paragraph 3).

Hearings in the Court are held in public unless “there is a different decision of the Court or unless the parties request that the public not be admitted” (Article 46), and deliberations of the Court are closed from the public and kept secret (Article 54, paragraph 3) . At the same time, “all issues are resolved by a majority vote of the judges present” (Article 55, paragraph 1), and in the event of a tie in the number of votes, “the voice of the Chairman or his replacement Judge gives an advantage” (Article 55, paragraph 1).

Article 60 states that the decision of the Court is final and not subject to appeal. At the same time, it is permissible to appeal to the Court with a request to review the decision, but “only on the basis of newly discovered circumstances, which by their nature can have a decisive influence on the outcome of the case and which, when the decision was made, were not known either to the Court or to the party asking for the decision.” review, subject to the indispensable condition that such ignorance was not the result of negligence” (Article 61, paragraph 1). A request for a review of the case must be submitted before the expiration of a six-month period after the discovery of new circumstances (Article 61, paragraph 4); in any case, the possibility of filing a request is limited to ten years from the date of the decision (Article 61, paragraph 5).

Article 41, by its content, stands out from the rest of the articles of Chapter III, touching on an issue more important than the issue of procedure. This article gives the Court the power to indicate “provisional measures to be taken to secure the rights of each of the parties” with immediate communication of the proposed measures to the attention of the parties and the Security Council.

CHAPTER IV: Advisory Opinions

Articles 65 to 68 provide guidance as to what may be the subject of advisory opinions of the Court. Article 65 states the general principle that "the Court may give advisory opinions on any legal question upon the request of any institution authorized to make such requests by or under the Charter of the United Nations."

CHAPTER V: Amendments

Articles 69 and 70, which make up Chapter V, deal with amendments to the Charter. Since the Statute constitutes an integral part of the UN Charter, Art. 69 determines that amendments to the Statute are introduced in the same manner as amendments to the Charter. In addition, taking into account that states that are not members of the UN may be parties to the Statute, Art. 69 states that the procedure for amending the Statute is subject to all rules established in relation to these states by the General Assembly.

Notes

Comments

ipso facto (lat. ipso facto - literally “by the fact itself”) - by virtue of the fact itself, by virtue of this alone or by itself.
This was exactly the situation in the USSR from 1934 to 1939.
Before becoming members of the UN, Switzerland (1948-2002), Liechtenstein (1950-1990), San Marino (1954-1992), Japan (1954-1956) and Nauru (1988- 1999). As of 2014, only UN member states are parties to the Statute.
Currently, the right to request advisory opinions is granted to three bodies (Economic and Social Council, Trusteeship Council and Intersessional Committee of the General Assembly) and 16 UN agencies (UNESCO, International Labor Organization, World Health Organization, World Bank, International Civil Aviation Organization and etc.).
Such judges are usually called judges ad hoc.
ex aequo et bono - in fairness. That is, in this case, when making a decision, the Court is not bound by the rules of law, but is guided by considerations of fairness and common sense

international court of justice(one of the six main organs of the United Nations, established by the UN Charter to achieve one of the main purposes of the UN "to carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or settlement of international disputes or situations which may lead to a breach of the peace."

The court, which is obliged to resolve disputes submitted to it on the basis of international law, applies:

It is generally accepted that the sources of modern international law are listed in paragraph 1 of Article 38 of the Statute of the International Court of Justice, which reads:

In addition to its judicial function, the International Court of Justice has an advisory function. According to Article 96 of the UN Charter, the General Assembly or the Security Council may request advisory opinions from the International Court of Justice on any legal matter. In addition, other UN organs and specialized agencies, which the General Assembly may at any time authorize to do so, may also request advisory opinions from the Court. Sources of law applied by the Court

d) subject to the reservation specified in Article 59, the judgments and doctrines of the best qualified experts in the public law of the various nations as an aid to the determination of rules of law.

The Court operates in accordance with the Statute, which is part of the UN Charter, and its Rules of Procedure.

Statute of the International Court of Justice and sources of international law.

on legal issues arising within their scope of activity.

Article 38 of the UN Court of Justice Statute

The average duration of a case in court is approximately 4 years.

To be elected, a candidate must receive an absolute majority of votes in both bodies. To ensure continuity within the Court, the terms of office of the 15 judges do not all expire at the same time. Every three years elections are held for one third of the members of the Court.

The Court has a dual function: deciding, in accordance with international law, legal disputes submitted to it by States, and issuing advisory opinions on legal questions. According to Article 96 of the UN Charter, the UN General Assembly or the UN Security Council may request advisory opinions from the International Court of Justice on any legal matter.

The International Court of Justice is composed of 15 independent judges, selected regardless of their nationality, from among persons of high moral character who meet the requirements in their countries for appointment to senior judicial positions or are jurists of recognized authority in the field of international law.

3. Egorov A.A. Recognition and execution of court decisions of the countries participating in the Minsk Convention of the CIS // Legislation and Economics. 1998. No. 12 (178).

1. Danilenko G.M. Custom in modern international law. M.. Science, 1988.

2. Vinnikova R.V. Implementation of international law in arbitration process Russian Federation: Author's abstract. . Ph.D. legal Sci. Kazan, 2003.

In general, the problem of customary rules of international law is one of the most difficult theoretical problems international law. That is why the question of customary rules of international law has been the subject of constant attention of specialists for centuries.

Give 2 - 3 examples of international customs and establish the fact of their recognition Russian Federation, using, whenever possible, the practice of states or any indirect signs confirming it: foreign policy documents, government statements, diplomatic correspondence, a description of a customary rule in national legislation, certain actions indicating the existence of requirements in connection with; non-compliance with a custom, lack of protests against actions that constitute a custom.

What international custom - universal or local - are we talking about in this case? Can a custom consist of a set of international norms? What is meant by proof of the existence of a custom?

II. In January 2002, the Arbitration Court of the Tyumen Region received court documents and a petition from the Economic Court of the Mogilev Region (Republic of Belarus) to recognize and authorize the forced execution on the territory of Russia of the decision of this court to recover sums of money for the budget of the Republic of Belarus from a closed joint-stock company located in Tyumen. Among the documents, the Russian arbitration court was presented performance list the court that made the relevant decision.

2) sanctioning by the state of such practice, namely: the rules of conduct arising on its basis.

III. Compose 5 test tasks (10 questions each), covering all topics of the International Law course. As applications, provide the correct answer options for your tests.

Treaty and custom are universal sources whose legal force derives from general international law; law-making decisions of organizations is a special source, the legal force of which is determined by the constituent act of the relevant organization.

Click to register. The work will be added to your personal account.

5. These salaries, allowances and remuneration shall be determined by the General Assembly. They cannot be reduced during their service life.

3. He shall also notify the Members of the United Nations, through the Secretary-General, as well as other States having the right of access to the Court.

1. Minutes are kept of each court hearing, signed by the Secretary and the Chairman.

3. The above statements may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.

International Court

1. Official languages The ships are French and English. If the parties agree to conduct the case in French, then the decision is made in French. If the parties agree to conduct the case in English, then the decision is made in English.

6. The salary of the Registrar of the Court is established by the General Assembly on the proposal of the Court.

The Chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions in places other than The Hague.

Having received evidence within the prescribed time limits, the Court may refuse to accept any further oral or written evidence that either party may wish to present without the consent of the other.

6. Judges elected as provided in paragraphs 2, 3 and 4 of this article must satisfy the conditions required by article 2 and paragraph 2 of article 17 and articles 20 and 24 of this Statute. They participate in decision-making on equal terms with their colleagues.

3. The court is obliged, at the request of any party, to grant it the right to use a language other than French and English.

In carrying out its advisory functions, the Court, in addition to the above, shall be guided by the provisions of this Statute relating to controversial cases, to the extent that the Court recognizes them as applicable.

1. For the service of all notices to persons other than representatives, attorneys and lawyers, the Court shall apply directly to the government of the state in whose territory the notice is to be served.

The International Court of Justice also considered cases related to the jurisdiction of states, i.e. cases related to the exercise by the state of its power in relation to foreign citizens on its territory or over its citizens on the territory foreign country. They usually relate to issues of nationality, the right to asylum or immunity.

Since the beginning of its existence, the Court has considered more than a dozen cases on the protection of private and commercial interests. In the 1950s, Liechtenstein made a claim to Guatemala on behalf of Riedrich Nottebohm, a former German citizen who became a Liechtenstein citizen in 1939.

Throughout its history, the Court has experienced periods of vigorous activity and relative inactivity. Since 1985, the number of cases brought before the Court has increased, with more than a dozen cases on its docket each year (this number increased sharply to 25 in 1999). This figure may seem modest, but it should be remembered that since the number of potential litigants is much smaller than in national courts (only about 210 states and international organizations have access to the Court), the number of cases is naturally small compared to the number of cases considered by national courts.

Repetition of actions presupposes the duration of their completion. But international law does not establish what period is necessary for the formation of a custom. At modern means transport and communications, states can quickly learn about each other’s actions and, reacting to them accordingly, choose one or another mode of behavior. This has led to the fact that the time factor no longer plays, as before, an important role in the process of the birth of a custom.

In addition, the Court has delimited continental shelves on several occasions, for example in the following cases: Tunisia/Libya and Libya/Malta (Continental Shelf, 1982 and 1985); Canada/United States (Gulf of Maine Maritime Delimitation, 1984); and Denmark v. Norway (Maritime Delimitation between Greenland and Jaan Mayen, 1993).

In 1992, another Chamber constituted by the Court ended a 90-year dispute between El Salvador and Honduras over land, maritime and inter-island boundaries. In 1969, tensions surrounding the dispute were so intense that Soccer game between the teams of these two countries in the World Cup led to a short but bloody “football war”.

International Court of Justice

The International Court of Justice in its practice was not limited to stating the existence of customs, but gave them more or less clear formulations. As an example, we can cite the decision of the International Court of Justice on the Anglo-Norwegian fisheries dispute of 1951, containing, in particular, the definition of a customary rule, in accordance with in which coastal states could use straight lines as a baseline for measuring the width of territorial waters.

Ancillary means for determining the existence of a custom are unilateral actions and acts of states. They can act as evidence of recognition of a particular rule of behavior as a custom. Such unilateral actions and acts include internal legislative and other regulations. International judicial bodies often resort to references to national legislation to confirm the existence of a customary rule.

In some cases, court decisions may give rise to a customary rule of international law.

· general principles rights recognized by civilized nations;

In the practice of the court, there were also cases concerning the intervention of one state in the affairs of another, and the use of force.

The International Court's docket of cases has increased significantly in recent years. The year 1992 was a record year in this regard: 13 cases were registered.

The International Court of Justice, established by the Charter of the United Nations as the principal judicial organ of the United Nations, shall be constituted and operate in accordance with the following provisions of this Statute.

CHAPTER I: Organization of the Court

The Court is composed of a panel of independent judges, selected, regardless of their nationality, from among persons of high moral character who satisfy the qualifications required in their countries for appointment to senior judicial office or who are jurists of recognized authority in the field of international law.

1. The court consists of fifteen members, and it cannot include two citizens of the same state.

2. A person who may be considered, for the purposes of the composition of the Court, as a national of more than one State, is considered to be a national of the State in which he habitually enjoys his civil and political rights.

1. The members of the Court are elected by the General Assembly and the Security Council from among the persons listed on the proposal of national groups of the Permanent Court of Arbitration, in accordance with the following provisions.

2. With regard to Members of the United Nations not represented on the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpose by their governments, subject to the conditions established for members of the Permanent Court of Arbitration by Article 44 of the 1907 Hague Convention for the Peaceful Settlement of International collisions.

3. The conditions under which a State party to this Statute, but not a member of the United Nations, may participate in the election of members of the Court shall, in the absence of special agreement, be determined by the General Assembly on the recommendation of the Security Council.

1. No later than three months before election day General Secretary of the United Nations appeals to the members of the Permanent Court of Arbitration belonging to States Parties to this Statute and to the members of the national groups appointed pursuant to Article 4, paragraph 2, with a written proposal that each national group nominate, within a certain period of time, candidates who can assume the duties of members of the Court.

2. No group may nominate more than four candidates, and no more than two candidates may be citizens of the state represented by the group. The number of candidates nominated by a group may in no case exceed more than twice the number of places to be filled.

It is recommended that each group, prior to making nominations, seek the opinion of the highest judicial bodies, law faculties, law schools and academies of its country, as well as the national branches of international academies engaged in the study of law.

1. The Secretary General draws up alphabetical order a list of all persons whose candidacies were put forward. Except as provided in paragraph 2 of Article 12, only persons included in this list may be elected.

2. The Secretary General shall submit this list to the General Assembly and the Security Council.

The General Assembly and the Security Council proceed with the election of members of the Court independently of each other.

When electing voters, they must bear in mind that not only must each individual elected satisfy all the requirements, but the entire body of judges must ensure representation of the major forms of civilization and the major legal systems of the world.

1. Candidates who receive an absolute majority of votes in both the General Assembly and the Security Council are considered elected.

2. Any vote in the Security Council, both in the election of judges and in the appointment of members of the conciliation commission provided for in Article 12, shall be made without any distinction between permanent and non-permanent members of the Security Council.

3. In the event that an absolute majority of votes were cast both in the General Assembly and in the Security Council for more than one citizen of the same state, only the oldest in age is considered elected.

If, after the first meeting convened for elections, one or more seats are left unfilled, a second and, if necessary, a third meeting will be held.

1. If, after the third meeting, one or more seats are left unfilled, then at any time, at the request of either the General Assembly or the Security Council, a conciliation commission consisting of six members, three appointed by the General Assembly and three appointed by the Security Council, may be convened, to elect by an absolute majority of votes one person for each remaining vacant seat and submit his candidacy to the discretion of the General Assembly and the Security Council.

2. If the conciliation commission unanimously decides on the candidacy of a person who meets the requirements, his name may be included in the list, even if he was not included in the candidate lists provided for in Article 7.

3. If the conciliation commission becomes convinced that elections cannot take place, then the members of the Court already elected shall, within a time determined by the Security Council, proceed to fill the vacant seats by electing members of the Court from among the candidates for whom votes were cast either in the General Assembly, or in the Security Council.

1. Members of the Court shall be elected for nine years and may be re-elected, provided, however, that the term of office of five judges of the first composition of the Court shall expire after three years, and the term of office of a further five judges shall expire after six years.

2. The Secretary General shall, immediately after the first election, determine by lot which of the judges shall be deemed elected for the initial terms of three years and six years indicated above.

3. Members of the Court shall continue to perform their duties until their seats are filled. Even after replacement, they are obliged to finish the work they started.

4. If a member of the Court submits an application for resignation, this application is addressed to the President of the Court for transmission to the Secretary General. Upon receipt of the application by the latter, the position is considered vacant.

Vacancies that arise shall be filled in the same manner as for the first elections, subject to the following rule: within one month after the opening of the vacancy, the Secretary-General shall proceed to issue the invitations provided for in Article 5, and the day of the election shall be determined by the Security Council.

A member of the Court elected to replace a member whose term of office has not yet expired shall remain in office until the expiration of the term of office of his predecessor.

1. Members of the Court may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature.

2. Doubts on this issue are resolved by a ruling of the Court.

1. No member of the Court may act as a representative, attorney or advocate in any matter.

2. No member of the Court may participate in the determination of any case in which he has previously participated as a representative, attorney or advocate for one of the parties, or as a member of a national or international court, a commission of inquiry or in any other capacity.

3. Doubts on this issue are resolved by a ruling of the Court.

1. A member of the Court may not be removed from office unless, in the unanimous opinion of the other members, he no longer meets the requirements.

2. The Secretary General is officially notified of this by the Registrar of the Court.

3. Upon receipt of this notification, the place is considered vacant.

Members of the Court, when performing their judicial duties, enjoy diplomatic privileges and immunities.

Each member of the Court shall, before taking office, make a solemn declaration in open session of the Court that he will exercise his office impartially and in good faith.

1. The Court elects a Chairman and a Vice-Chairman for three years. They can be re-elected.

2. The Court shall appoint its Registrar and may make arrangements for the appointment of such other officers as may be necessary.

1. The seat of the Court is The Hague. This shall not, however, prevent the Court from sitting and performing its functions in other places in all cases where the Court finds it desirable.

2. The Chairman and the Secretary of the Court must reside at the seat of the Court.

1. The Court sits continuously, with the exception of judicial vacations, the terms and duration of which are established by the Court.

2. Members of the Court are entitled to periodic leave, the time and duration of which shall be determined by the Court, taking into account the distance from The Hague to the permanent residence of each judge in his home country.

3. Members of the Court are required to be at the disposal of the Court at all times, with the exception of time on vacation and absence due to illness or other serious reasons duly explained to the Chairman.

1. If, for any special reason, a member of the Court considers that he should not participate in the determination of a particular case, he shall inform the President accordingly.

2. If the President finds that any member of the Court should not, for any special reason, participate in a hearing in a particular case, he warns him accordingly.

3. If a disagreement arises between a member of the Court and the Chairman, it is resolved by a ruling of the Court.

1. Except in cases specifically provided for in this Statute, the Court shall sit as a whole.

2. Provided that the number of judges available for the constitution of the Court is not less than eleven, the Rules of the Court may provide that one or more judges may, depending on the circumstances, be relieved in rotation from sitting.

3. A quorum of nine judges is sufficient to constitute a judicial presence.

1. The Court may, as necessary, establish one or more chambers, composed of three or more judges, at the discretion of the Court, to hear certain categories of cases, for example, labor cases and cases relating to transit and communications.

2. The court may at any time create a chamber to hear a separate case. The number of judges forming such a chamber shall be determined by the Court with the approval of the parties.

3. Cases shall be heard and decided by the chambers provided for in this article if the parties so request.

A decision rendered by one of the Chambers provided for in Articles 26 and 29 shall be deemed to have been rendered by the Court itself.

The Chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions in places other than The Hague.

In order to expedite the resolution of cases, the Court annually forms a chamber of five judges, which, at the request of the parties, can consider and resolve cases through summary proceedings. To replace judges who recognize that it is impossible for them to take part in meetings, two additional judges are allocated.

1. The court draws up Rules of Procedure that determine the manner in which it performs its functions. The court, in particular, establishes the rules of legal proceedings.

2. The Rules of the Court may provide for the participation in the sittings of the Court or its chambers of assessors without the right of a casting vote.

1. Judges belonging to the citizenship of each of the parties retain the right to participate in hearings on the case being carried out in the Court.

2. If a judge of the nationality of one party is present in the judicial presence, any other party may elect a person of his choice to participate in the presence as a judge. This person shall be elected predominantly from among those persons who have been nominated as candidates in the manner provided for in Articles 4 and 5.

3. If there is not a single judge in the judicial presence who is the nationality of the parties, then each of these parties may elect a judge in the manner provided for in paragraph 2 of this article.

4. The provisions of this article apply to the cases provided for in Articles 26 and 29. In such cases, the President requests one or, if necessary, two members of the Court from the Chamber to give way to members of the Court who are the nationalities of the parties concerned, or, in the absence those or, if it is impossible to attend, to judges specially selected by the parties.

5. If several parties have a common interest, they are considered as one party, so far as the application of previous provisions is concerned. In case of doubt on this issue, they are resolved by a ruling of the Court.

1. Members of the Court receive an annual salary.

2. The Chairman receives a special annual increase.

3. The Vice-Chairman shall receive a special allowance for each day on which he acts as Chairman.

4. Judges elected in accordance with Article 31 who are not members of the Court shall receive remuneration for each day they perform their functions.

5. These salaries, allowances and remuneration shall be determined by the General Assembly. They cannot be reduced during their service life.

6. The salary of the Registrar of the Court is established by the General Assembly on the proposal of the Court.

7. Rules established by the General Assembly shall determine the conditions under which retirement pensions shall be granted to members of the Court and the Registrar of the Court, as well as the conditions under which members and the Registrar shall receive reimbursement for their travel expenses.

8. The above salaries, allowances and remuneration are exempt from any taxation.

The United Nations shall bear the expenses of the Court in the manner determined by the General Assembly.

CHAPTER II: Competence of the Court

1. Only states may be parties to cases before the Court.

2. Subject to the terms of and in accordance with its Rules, the Court may request from public international organizations information relating to cases before it, and shall also receive such information provided by said organizations on their own initiative.

3. When in a case before the Court it is necessary for it to interpret the constituent instrument of any public international organization or an international convention concluded by virtue of such an instrument, the Registrar of the Court shall notify the public international organization concerned and transmit to it copies of all written proceedings.

1. The Court is open to states that are parties to this Statute.

2. The conditions under which the Court is open to other States shall be determined by the Security Council, subject to the special provisions contained in existing treaties; These conditions can in no case put the parties in an unequal position before the Court.

3. When a State which is not a Member of the United Nations is a party to the case, the Court shall determine the amount which such party must contribute towards the costs of the Court. This regulation does not apply if the State concerned is already contributing to the costs of the Court.

1. The jurisdiction of the Court includes all cases submitted to it by the parties and all matters specifically provided for by the Charter of the United Nations or treaties and conventions in force.

2. States Parties to this Statute may at any time declare that they recognize, without special agreement, ipso facto, in relation to any other State accepting the same obligation, the jurisdiction of the Court as compulsory in all legal disputes concerning:

a) interpretation of the treaty;

b) any question of international law;

c) the existence of a fact which, if established, would constitute a violation international obligation;

d) the nature and extent of compensation due for the breach of the international obligation.

3. The above statements may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.

4. Such declarations shall be deposited with the Secretary General, who shall transmit copies thereof to the parties to this Statute and to the Registrar of the Court.

5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice which continue to be in force shall be deemed, as between the parties to the present Statute, to be their acceptance of the jurisdiction of the International Court of Justice binding upon them for the unexpired term of those declarations and in accordance with the conditions in them stated.

6. In the event of a dispute about the jurisdiction of the case by the Court, the issue is resolved by a ruling of the Court.

In all cases where a treaty or convention in force provides for the referral of a case to a Court to be established by the League of Nations or to the Permanent Court of International Justice, the case between the parties to this Statute shall be referred to the International Court of Justice.

1. The court, which is obliged to resolve disputes submitted to it on the basis of international law, applies:

a) international conventions, both general and special, establishing rules expressly recognized by the disputing states;

b) international custom as evidence of a general practice accepted as law;

c) the general principles of law recognized by civilized nations;

2. This ruling does not limit the power of the Court to decide a case ex aequo et bono if the parties so agree.

CHAPTER III: Legal proceedings

1. The official languages of the Court are French and English. If the parties agree to conduct the case in French, then the decision is made in French. If the parties agree to conduct the case in English, then the decision is made in English.

2. In the absence of agreement as to which language will be used, each party may use the language it prefers in the court settlement; the decision of the Court is delivered in French or English languages. In this case, the Court simultaneously determines which of the two texts is considered authentic.

3. The court is obliged, at the request of any party, to grant it the right to use a language other than French and English.

1. Cases are initiated in the Court, depending on the circumstances, either by notification of a special agreement, or by a written application addressed to the Secretary. In both cases, the subject of the dispute and the parties must be indicated.

2. The secretary immediately communicates the application to all interested parties.

3. He shall also notify the Members of the United Nations, through the Secretary-General, as well as other States having the right of access to the Court.

1. The court has the right to indicate, if, in its opinion, the circumstances so require, any provisional measures that should be taken to ensure the rights of each of the parties.

2. Pending the finalization of the decision, notice of the proposed measures shall be immediately brought to the attention of the parties and the Security Council.

1. The parties act through representatives.

2. They may be assisted by attorneys or advocates in the Court.

3. Representatives, attorneys and lawyers representing the parties before the Court shall enjoy the privileges and immunities necessary for them to independently perform their duties.

1. Legal proceedings consist of two parts: written and oral proceedings.

2. Written legal proceedings consist of communicating to the Court and the parties memoranda, counter-memoranda and, if necessary, responses to them, as well as all papers and documents supporting them.

3. These communications shall be made through the Registrar, in the manner and within the time limits established by the Court.

4. Any document presented by one of the parties must be communicated to the other in a certified copy.

5. Oral proceedings consist of hearing by the Court of witnesses, experts, representatives, attorneys and advocates.

2. The same rule applies in cases where it is necessary to take measures to obtain evidence on the spot.

The hearing of the case is conducted under the direction of the Chairman or, if he is unable to preside, the Vice-Chairman; If neither one nor the other is able to preside, the eldest judge present presides.

The hearing of a case in the Court is held in public, unless otherwise decided by the Court or unless the parties request that the public be excluded.

1. Minutes are kept of each court hearing, signed by the Secretary and the Chairman.

2. Only this protocol is authentic.

The court orders the direction of the case, determines the forms and time limits within which each party must finally present its arguments, and takes all measures related to the collection of evidence.

The court may, even before the hearing of the case, require representatives to present any document or explanation. In case of refusal, a report is drawn up.

The court may at any time entrust the conduct of an investigation or examination to any person, board, bureau, commission or other organization of its choice.

At the hearing of the case, all relevant questions shall be put to witnesses and experts, subject to the conditions determined by the Court in the Rules referred to in Article 30.

Having received evidence within the prescribed time limits, the Court may refuse to accept any further oral or written evidence that either party may wish to present without the consent of the other.

1. If one of the parties does not appear in the Court or does not present its arguments, the other party may ask the Court to resolve the case in its favor.

2. The court is obliged, before granting this petition, to ascertain not only whether it has jurisdiction over the case, in accordance with Articles 36 and 37, but also whether this claim has sufficient factual and legal justification.

1. When the representatives, advocates and attorneys have completed their explanations of the case under the direction of the Court, the President shall declare the hearing closed.

2. The court retires to discuss decisions.

3. Meetings of the Court take place in closed sessions and are kept secret.

1. The decision must state the considerations on which it is based.

2. The decision contains the names of the judges who participated in its adoption.

If the decision, in whole or in part, does not express the unanimous opinion of the judges, then each judge has the right to present his own dissenting opinion.

The decision is signed by the Chairman and the Secretary of the Court. It is announced in an open session of the Court after due notification of the representatives of the parties.

The Court's decision is binding only on the parties involved in the case and only on this case.

The decision is final and not subject to appeal. In the event of a dispute about the meaning or scope of a decision, its interpretation lies with the Court at the request of any party.

1. A request for review of a decision may be made only on the basis of newly discovered circumstances, which by their nature may have a decisive influence on the outcome of the case and which, when the decision was made, were not known either to the Court or to the party requesting the review, subject to the indispensable condition that that such ignorance was not due to negligence.

2. Revision proceedings are opened by a ruling of the Court, which definitely establishes the existence of a new circumstance with the recognition of the latter’s nature giving grounds for reconsideration of the case, and announces the acceptance, therefore, of the request for reconsideration.

3. The court may require that the conditions of the decision be fulfilled before it opens review proceedings.

4. The request for review must be made before the expiration of six months after the discovery of new circumstances.

5. No request for review may be made after the expiration of ten years from the date of the decision.

1. If any State considers that the decision of a case may affect any of its interests of a legal nature, that State may apply to the Court for permission to intervene in the case.

2. The decision on such a request lies with the Court.

1. If a question arises regarding the interpretation of a convention in which, in addition to the parties interested in the case, other states are also participating, the Registrar of the Court shall immediately notify all such states.

2. Each of the States receiving such notice has the right to intervene in the case, and, if it exercises this right, the interpretation contained in the decision is equally binding on it.

Unless otherwise determined by the Court, each party shall bear its own legal costs.

CHAPTER IV: Advisory Opinions

1. The Court may give advisory opinions on any legal question upon the request of any agency authorized to make such requests by or under the Charter of the United Nations.

2. Matters on which an advisory opinion from the Court is sought shall be submitted to the Court in a written statement containing exact statement the issue on which an opinion is required; All documents that may serve to clarify the issue are attached to it.

1. The Registrar of the Court shall immediately communicate the application containing the request for an advisory opinion to all States entitled to access to the Court.

2. In addition, the Registrar of the Court shall, by special and direct notice, inform any State having access to the Court, as well as any international organization which, in the opinion of the Court (or its President, if the Court is not sitting), can provide information on the matter that The Court is prepared to accept, within a time limit set by the President, written reports relating to the issue or to hear the same oral reports at a public meeting appointed for this purpose.

3. If such State having the right of access to the Court does not receive the special notification referred to in paragraph 2 of this article, it may wish to submit a written report or to be heard; The court makes a decision on this issue.

4. States and organizations which have submitted written or oral reports, or both, shall be admitted to the discussion of reports made by other States or organizations, in the forms, limits and periods established in each individual case by the Court or, if it is not sitting , Chairman of the Court. For this purpose, the Registrar of the Court shall communicate in due course all such written reports to the States and organizations which themselves have submitted such reports.

The Court renders its advisory opinions in open session, of which the Secretary-General and representatives of the directly concerned members of the United Nations, other states and international organizations are warned.

CHAPTER V: Amendments

Amendments to this Statute shall be made in the same manner as are provided for in the Charter of the United Nations for amendments to that Charter, subject, however, to all rules which may be established by the General Assembly on the recommendation of the Security Council concerning the participation of States not Members of the United Nations but which are parties to the Statute.

The Court shall have the power to propose amendments to this Statute as it deems necessary, communicating them in writing to the Secretary-General for further consideration in accordance with the rules laid down in Article 69.

Article 4.

Article 5.

1. Not later than three months before the day of elections, the Secretary-General of the United Nations shall address a written proposal to the members of the Permanent Court of Arbitration belonging to States Parties to this Statute and to the members of the national groups appointed pursuant to Article 4, paragraph 2 that each national group indicate, within a specified period, candidates who can assume the duties of members of the Court.

Article 6.

Article 7.

1. The Secretary General shall prepare, in alphabetical order, a list of all persons whose candidacies have been nominated. Except as provided in paragraph 2 of Article 12, only persons included in this list may be elected.

2. The Secretary General shall submit this list to the General Assembly and the Security Council.

Article 8.

The General Assembly and the Security Council proceed with the election of members of the Court independently of each other.

Article 9.

Article 10.

1. Candidates who receive an absolute majority of votes in both the General Assembly and the Security Council are considered elected.

Article 11.

If, after the first meeting convened for elections, one or more seats are left unfilled, a second and, if necessary, a third meeting will be held.

Article 12.

3. If the conciliation commission is convinced that elections cannot take place, then the members of the Court already elected shall, within a period determined by the Security Council, proceed to fill the vacant seats by electing members of the Court from among the candidates for whom votes have been cast either in the General Assembly, or in the Security Council.

Article 13.

2. The Secretary General shall, immediately after the first election, determine by lot which of the judges shall be deemed elected for the initial terms of three years and six years indicated above.

3. Members of the Court shall continue to perform their duties until their seats are filled. Even after replacement, they are obliged to finish the work they started.

Article 14.

Article 15.

A member of the Court elected to replace a member whose term of office has not yet expired shall remain in office until the expiration of the term of office of his predecessor.

Article 16.

1. Members of the Court may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature.

2. Doubts on this issue are resolved by a ruling of the Court.

Article 17.

1. No member of the Court may act as a representative, attorney or advocate in any matter.

3. Doubts on this issue are resolved by a ruling of the Court.

Article 18.

1. A member of the Court may not be removed from office unless, in the unanimous opinion of the other members, he no longer meets the requirements.

2. The Secretary General is officially notified of this by the Registrar of the Court.

3. Upon receipt of this notification, the place is considered vacant.

Article 19.

Members of the Court, when performing their judicial duties, enjoy diplomatic privileges and immunities.

Article 20.

Each member of the Court shall, before taking office, make a solemn declaration in open session of the Court that he will exercise his office impartially and in good faith.

Article 21.

1. The Court elects a Chairman and a Vice-Chairman for three years. They can be re-elected.

2. The Court shall appoint its Registrar and may make arrangements for the appointment of such other officers as may be necessary.

Article 22.

1. The seat of the Court is The Hague. This shall not, however, prevent the Court from sitting and performing its functions in other places in all cases where the Court finds it desirable.

2. The Chairman and the Secretary of the Court must reside at the seat of the Court.

Article 23.

1. The Court sits continuously with the exception of judicial vacations, the terms and duration of which are established by the Court.

Article 24.

1. If, for any special reason, a member of the Court considers that he should not participate in the determination of a particular case, he shall inform the President accordingly.

2. If the President finds that any member of the Court should not, for any special reason, participate in a hearing in a particular case, he warns him accordingly.

3. If a disagreement arises between a member of the Court and the Chairman, it is resolved by a ruling of the Court.

Article 25.

1. Except in cases specifically provided for in this Statute, the Court shall sit as a whole.

3. A quorum of nine judges is sufficient to constitute a judicial presence.

Article 26.

1. The Court may, as necessary, establish one or more chambers, composed of three or more judges, at the discretion of the Court, to hear certain categories of cases, such as labor cases and cases relating to transit and communications.

2. The court may at any time create a chamber to hear a separate case. The number of judges forming such a chamber shall be determined by the Court with the approval of the parties.

3. Cases shall be heard and decided by the chambers provided for in this article if the parties so request.

Article 27.

A decision rendered by one of the Chambers provided for in Articles 26 and 29 shall be deemed to have been rendered by the Court itself.

Article 28.

The Chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions in places other than The Hague.

Article 29.

Article 30.

1. The court draws up Rules of Procedure that determine the manner in which it performs its functions. The court, in particular, establishes the rules of legal proceedings.

2. The Rules of the Court may provide for the participation in the sittings of the Court or its chambers of assessors without the right of a casting vote.

Article 31.

1. Judges belonging to the citizenship of each of the parties retain the right to participate in hearings on the case being carried out in the Court.

5. If several parties have general question, then they, so far as the application of previous provisions is concerned, are considered as one party. In case of doubt on this issue, they are resolved by a ruling of the Court.

Article 32.

1. Members of the Court receive an annual salary.

2. The Chairman receives a special annual increase.

3. The Vice-Chairman shall receive a special allowance for each day on which he acts as Chairman.

4. Judges elected in accordance with Article 31 who are not members of the Court shall receive remuneration for each day they perform their functions.

5. These salaries, allowances and remuneration shall be determined by the General Assembly. They cannot be reduced during their service life.

6. The salary of the Registrar of the Court is established by the General Assembly on the proposal of the Court.

8. The above salaries, allowances and remuneration are exempt from any taxation.

Article 33.

The United Nations shall bear the expenses of the Court in the manner determined by the General Assembly.

Chapter II Competence of the court

Article 34.

1. Only states may be parties to cases before the Court.

3. When in a case before the Court it is necessary for it to interpret the constituent instrument of a public international organization or an international convention concluded by virtue of such an instrument, the Registrar of the Court shall notify the public international organization in question and transmit to it copies of all written proceedings.

Article 35.

1. The Court is open to states that are parties to this Statute.

Article 36.

1. The jurisdiction of the Court includes all cases that will be transferred to it by the parties, and all issues specifically provided for Charter United Nations or existing treaties and conventions.

a) interpretation of the contract;

b) any question of international law;

c) the existence of a fact which, if established, would constitute a breach of an international obligation;

d) the nature and extent of compensation due for the breach of the international obligation.

3. The above statements may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.

4. Such declarations shall be deposited with the Secretary General, who shall transmit copies thereof to the parties to this Statute and to the Registrar of the Court.

6. In the event of a dispute about the jurisdiction of the case by the Court, the issue is resolved by a ruling of the Court.

Article 37.

Article 38.

1. The court, which is obliged to resolve disputes submitted to it on the basis of international law, applies:

a) international conventions, both general and special, establishing rules expressly recognized by the disputing states;

b) international custom as evidence of a general practice accepted as law;

c) the general principles of law recognized by civilized nations;

2. This ruling does not limit the power of the Court to decide a case ex aequo et bono if the parties so agree.

Chapter III Legal proceedings

Article 39.

2. In the absence of agreement as to which language will be used, each party may use the language it prefers in the court settlement; The decision of the Court is delivered in French and English. In this case, the Court simultaneously determines which of the two texts is considered authentic.

3. The court is obliged, at the request of any party, to grant it the right to use a language other than French and English.

Article 40.

2. The secretary immediately communicates the application to all interested parties.

3. He shall also notify the Members of the United Nations, through the Secretary-General, as well as other States having the right of access to the Court.

Article 41.

1. The court has the right to indicate, if, in its opinion, the circumstances so require, any provisional measures that should be taken to ensure the rights of each of the parties.

2. Pending a final decision, communication of the proposed measures shall be immediately brought to the attention of the parties and the Security Council.

Article 42.

1. The parties act through representatives.

2. They may be assisted by attorneys or advocates in the Court.

3. Representatives, attorneys and lawyers representing the parties before the Court shall enjoy the privileges and immunities necessary for them to independently perform their duties.

Article 43.

1. Legal proceedings consist of two parts: written and oral proceedings.

3. These communications shall be made through the Registrar, in the manner and within the time limits established by the Court.

4. Any document presented by one of the parties must be communicated to the other in a certified copy.

5. Oral proceedings consist of hearing by the Court of witnesses, experts, representatives, attorneys and advocates.

Article 44.

2. The same rule applies in cases where it is necessary to take measures to obtain evidence on the spot.

Article 45.

Article 46.

The hearing of a case in the Court is held in public, unless otherwise decided by the Court or unless the parties request that the public be excluded.

Article 47.

1. Minutes are kept of each court hearing, signed by the Secretary and the Chairman.

2. Only this protocol is authentic.

Article 48.

1. The court shall order the direction of the case, determine the forms and time limits within which each party must finally present its arguments, and take all measures related to the collection of evidence.

Article 49.

The court may, even before the hearing of the case, require representatives to present any document or explanation. In case of refusal, a report is drawn up.

Article 50.

The court may at any time entrust the conduct of an investigation or examination to any person, board, bureau, commission or other organization of its choice.

Article 51.

At the hearing of the case, all relevant questions shall be put to witnesses and experts, subject to the conditions determined by the Court in the Rules referred to in Article 30.

Article 52.

Having received evidence within the prescribed time limits, the Court may refuse to accept any further oral or written evidence that either party may wish to present without the consent of the other.

Article 53.

1. If one of the parties does not appear in the Court or does not present its arguments, the other party may ask the Court to resolve the case in its favor. The decision must state the considerations on which it is based.

3. The court may require that the conditions of the decision be fulfilled before it opens review proceedings.

4. The request for review must be made before the expiration of six months after the discovery of new circumstances.

5. No request for review may be made after the expiration of ten years from the date of the decision.

Article 62.

1. If any State considers that the decision of a case may affect any of its interests of a legal nature, that State may apply to the Court for leave to intervene in the case. Charter United Nations or under this Charter.

2. Matters on which an advisory opinion of the Court is sought shall be submitted to the Court in a written statement containing a precise statement of the matter on which the opinion is sought; All documents that may serve to clarify the issue are attached to it.

Article 66.

1. The Registrar of the Court shall immediately communicate the application containing the request for an advisory opinion to all States entitled to access to the Court.

Article 67.

The Court renders its advisory opinions in open session, of which the Secretary General and representatives of the Members of the United Nations directly concerned, other states and international organizations are notified.

(signatures)

Basic provisions of Article 38 of the Statute of the International Court. Charter of the United Nations

Story

Permanent Court of International Justice

Establishment of the International Court of Justice

UN Charter of the International Court of Justice

Structure and composition of the Statute

CHAPTER I: Organization of the Court

CHAPTER II: Competence of the Court

CHAPTER III: Legal proceedings

CHAPTER IV: Advisory Opinions

CHAPTER V: Amendments

Notes

Comments

Article 38 of the UN Court of Justice Statute

International Court

International Court of Justice

CHAPTER I: Organization of the Court

CHAPTER II: Competence of the Court

CHAPTER III: Legal proceedings

CHAPTER IV: Advisory Opinions

CHAPTER V: Amendments

Article 5.

Article 6.

Article 7.

Article 8.

Article 9.

Article 10.

Article 11.

Article 12.

Article 13.

Article 14.

Article 15.

Article 16.

Article 17.

Article 18.

Article 19.

Article 20.

Article 21.

Article 22.

Article 23.

Article 24.

Article 25.

Article 26.

Article 27.

Article 28.

Article 29.

Article 30.

Article 31.

Article 32.

Article 33.

Chapter II Competence of the court

Article 34.

Article 35.

Article 36.

Article 37.

Article 38.

Chapter III Legal proceedings

Article 39.

Article 40.

Article 41.

Article 42.

Article 43.

Article 44.

Article 45.

Article 46.

Article 47.

Article 48.

Article 49.

Article 50.

Article 51.

Article 52.

Article 53.

Article 62.

Article 66.

Article 67.

You might be interested:

Categories

Latest articles

Advertising