It is the principal judicial organ
of the UN. It has the final roles :
To settle the legal disputes
submitted to it by the states in accordance with
international law.
To give advisory opinion on legal
questions referred to by UN and its specialised agencies.
The other parameters associated
with the Court are enumerated below :
The Court operates under a
statue which is based on the UN Charter.
All the UN member states are,
perse, members of the statute of the Court.
The court is composed of 15
Judges, each of a different nationality. Each Judge is
elected by both the General Assembly and Security
Council for a nine-year term on an absolute majority and
they may be re-elected.
Composition of the Court
reflects main forms of civilisation and principal legal
systems all through the world.
Judges do not represent their
respective governments and sit independenly the Court.
The Judges should, however,
possess requisite qualifications for appointment as
Judges in their countries to be competent Jurists of
international law.
Permanent Court of Arbitration
has national panel of justice which nominates the
candidates.
The Court elects its own
President and Vice-President for a three year term and
may be re-elected. It is permanently in session.
Majority of Judges present to
take decisions subject to a quorum of nine Judges.
President has a casting vote.
Judgement is final and without
any appeal.
On the basis of new decision
farther, revision of the judgement may be applied for
within 10 years from the date of judgement.
In case the Court does not
appoint a Judge of the same nationality of the state
which is a party to the issue before the Court, the
state shall have a right to appoint a person to sit as a
Judge as an ad-hoc who will have the same status
along with other sitting judges of the Court.
When the Court is in plenary
sessions, the same can form chambers of 3 or 4 judges to
deal with specific matters. Such decisions taken in the
chambers are
treated as if taken by the full Court.
In view of expansion of global
scope of environmental law and protection, a
seven-member permanent chamber has been formed by the
Court in 1993 for environmental matters.
For contentious cases, only
parties who are members of the statute, are eligible to
apply or appear before the Court.
Other members who are not party
to the statute, have to satisfy the conditions laid down
by the Security Council for the intervention of the
Court.
All matters which parties refer
to the Court or provided in the UN Charter or in
treaties and conventions comes under the jurisdiction of
the Court.
Decision by the Court on the
dispute for its jurisdiction is final.
For making decisions, the Court
may consider the following aspects :
International conventions
International custom
The general principle of law
recognised by the nations.
Subsidiary means for
determination of the rules of law, judicial decision
and teachings of highly qualified publicists. If
parties agree the Court may decide a case are aequo
et bona.
Advisory opinions on legal
questions to the General Assembly, the Security Council,
certain other organs of the UN and 16-specialist
agencies of the UN family can be given by the Court.
Since 1946, the Court has
delivered the following judgements :
74 judgements on dispute
relating to inter-alia land frontiers and
maritime boundaries, territorial sovereignty non-use
of forces, non-interference in the internal affairs of
the states, diplomatic relations hostage taking, the
right of asylum, nationality, guardianship, rights of
passage and economic rights.
