- 21/02/2013
- Posted by: essay
- Category: Free essays
1-Is the International Court of Justice the first world court?
The International Court of Justice is not the first world court. As the matter of fact, the International Court of Justice is the successor of the Permanent Court of International Justice, which was created in 1922. The Permanent Court of International Justice was attached to the League of Nation and basically it resembled the International Court of Justice in its structure and functions. In this respect, it is worth mentioning the fact that the International Court of Justice is attached to the United Nations and performs functions similar to that of its precursor (Rosenne, 2003). In fact, the replacement of the Permanent Court of International Justice by the International Court of Justice was determined by the failure of the League of Nation and World War II which was followed by the creation of the UN that gave rise to the International Court of Justice. Remarkable, the Permanent Court of International Justice was positively accepted by the majority of countries but eventually it failed to perform its functions properly. In this regard, the Permanent Court of International Justice is, to a certain extent, similar to that of the International Court of Justice because rulings of the Court are not always implemented by the countries involved in international disputes.
2-What are the procedures of the World Court? Are they similar to any US court?
The procedures of the World Court are, to a certain extent, similar to that of the US court. In fact, differences are rather formal than real. For instance, the chief of the court in the US courts is titled the President of the court in the International Court of Justice (Rosenne, 2003). At the same time, the main principles and procedures applied in the International Court of Justice meet the existing international standards. The US is one of the leading democratic nations with a well-developed judicial system. Naturally, the International Court of Justice borrowed many elements and procedures from the US court as well as from other courts of other democratic countries of the world. In fact, the main source or model for the International Court of Justice was western judicial system and courts, where the US court plays an important, if not to say leading, part.
3-What is an advisory opinion?
An advisory opinion is a statement of a court on how it may rule on a legal issue if it is brought before it. This opinion is normally binding neither on the court nor on the parties requesting it. Moreover, this opinion is reliable only to the extent the facts presented to the court are accurate and complete (Schwebel, 1987). The International Court of Justice is empowered to give the advisory opinion under Chapter IV of its statute when requested to do so by certain organs or agencies of the UN. These opinions are not binding as advisory opinions of other courts. Nevertheless, they play an important part in international politics and international relationships between countries. However, advisory opinions of the International Court of Justice have often been controversial, either because questions asked were controversial or because the case was pursued as a backdoor way of binding of what is really a contentious case before the Court. In such a way, the advisory opinion is not binding and often controversial.
References:
Rosenne, S. (2003). Rosenne’s the world court: what it is and how it works 6th ed (Leiden: Martinus Nijhoff
Schwebel, S. (1987). “Ad Hoc Chambers of the International Court of Justice.” American Journal of International Law, 81:831.
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