史久镛李浩培.PPT

11. Peace settlement for disputes 11.1.3 Types of Peaceful settlement 11.1.4 ICJ ①Judgment ②Advisory opinion The International Court of Justice (commonly referred to as the World Court or ICJ) is the primary judicial branch of the United Nations. It is based in the Peace Palace in The Hague, Netherlands. Its main functions are to settle legal disputes submitted to it by states and to provide advisory opinions on legal questions submitted to it by duly authorized international branches, agencies, and the UN General Assembly. As stated in Article 93 of the UN Charter, all 193 UN members are automatically parties to the Courts statute. Non-UN members may also become parties to the Courts statute under the Article 93(2) procedure. For example, before becoming a UN member state, Switzerland used this procedure in 1948 to become a party. And Nauru became a party in 1988. Once a state is a party to the Courts statute, it is entitled to participate in cases before the Court. However, being a party to the statute does not automatically give the Court jurisdiction over disputes involving those parties. The issue of jurisdiction is considered in the two types of ICJ cases: contentious issues and advisory opinions. First, 36(1) provides that parties may refer cases to the Court (jurisdiction founded on special agreement or compromise). This method is based on explicit consent rather than true compulsory jurisdiction. Second, 36(1) also gives the Court jurisdiction over matters specifically provided for ... in treaties and conventions in force. Most modern treaties will contain a compromissory clause, providing for dispute resolution by the ICJ. Third, Article 36(2) allows states to make optional clause declarations accepting the Courts jurisdiction. The label compulsory which is sometimes placed on Article 36(2) jurisdiction is misleading since declarations by states are voluntary. Furthermore, many declarations contain reservations, such as exclusion from jurisdiction c