In this essay the author wishes to clarify the International Court of Justice (ICJ). Important in that context is the annals and former organizations, that have been the pathfinder of the modern day institution. It should be explained the way the ICJ is working and who is working. The obligations, functions and the international importance of the Court, in addition to the reasons why world politics need that kind of international Courtroom. Further will be discussed the most crucial Conventions, guidelines and Meetings, which build up the ICJ in its present- day.
What is the value or the meaning of International Court of Justice?
How the International Judge of Justice does achieve these convictions?
Who is the judge or who will be the judges of the International Judge of Justice?
This is the question of the forming of the Court docket. Questions b) and c) have their concentrate on the inner- organizations of the Judge and the writer wants to learn, why the Court docket acts in certain situations in disputes and what are their concerns and demands to mediate a dispute.
Hopefully all the questions will be responded in the long run of the article, in the conclusion there will be a comprehensive overview of the topic and quite research questions. There will do literature to use and with a few examples of situations between national state governments, the process and interfering of the International Court of Justice, it ought to be well discussed.
All started with the Jay Treaty of 1794, also called the Treaty of Amity, Commerce and Navigation, between the United states and THE UK. It was crafted from three blended commissions with North american and British nationals plus they had to are tribunals.
The second more important stage was designated by the Alabama Statements arbitration in 1872 again between the United States and THE UK. Within the Treaty of Washington the same gatherings arranged a sort of neutrality and fixed some important conditions for arbitration. They tried out to avoid with the treaties issues between the says plus they created a proposal of your permanent international arbitral tribunal.
The third period was marked from the Hague Peace Meeting in 1899 which received initiated by the Russians (Czar Nicholas II). The stage was part of modern international arbitration. The primary matter of the discussion was discussing peace and disarmament. It got done with the Convention on the Pacific Pay out of International Disputes (between Asian, American and Europe countries). From the Convention the Everlasting Judge of Arbitration got formed. A -panel of jurists (from each country) administered the Permanent Courtroom in addition to a leading office, located on the Hague, got set up. The Court received institutionalized and was generally accepted. The state establishment was in 1900 and the operating commenced in 1902.
In 1907 the second Hague Peace Seminar started and also Says of Central and South America participated. At this conference some individuals (USA, Germany and THE UK) tried to form a Permanent Judge of Justice, but not all participants decided with that. The trouble was how and who possessed to find the judges.
"The Conference confined itself to recommending that Areas should adopt a draft convention for the creation of any court docket of arbitral justice as soon as agreement was come to "respecting selecting the judges and the constitution of the court". Although this court docket was never in simple fact to see the light of day, the draft convention that was to have given beginning to it enshrined certain fundamental ideas that some years later were to serve as a source of ideas for the drafting of the Statute of the Long term Judge of International Justice (PCIJ). "
The Permanent Judge worked with conditions like the territorial and marine dispute and delimitation between Eritrea and Yemen in 1898 and 1899 and in the event which concerned Great Britain and Ireland and brought on the Convention for the Safety of the Marine Environment of the North- East Atlantic in 1992 (OSPAR).
The Permanent Court docket of International Justice (PCIJ)
"Article 14 of the Covenant of the League of Nations gave the Council of the Group responsibility for formulating programs for the establishment of any Permanent Court docket of International Justice (PCIJ), such a judge to be qualified not only to hear and determine any dispute of an international character published to it by the get-togethers to the dispute, but also to provide an advisory view upon any dispute or question described it by the Council or by the Assemblage. "
In 1920 the Council employed an Advisory Committee of Jurists to provide a report if the establishment of the PCIJ, they sat within the Hague under Baron Decamps (Belgium). Following the survey, the First Set up of the Little league of Nations exposed in Geneva in the end of 1920. In cases like this the legal body of the PCIJ acquired fixed and came to the realization. Every member country experienced a vote in case of decisions and elections. The first elections occurred in September 1921. After the first Set up, more of these took place in 1921, 1929 and lastly in 1936 the Statute and legal shape of the PCIJ became effective and operative.
The PCIJ got after the long street of formation and development some distinctions to the ex - Court of Arbitration. First it received a permanently governed body and got an own Statute and Rules of Process. Second it acquired a permanent Registry which remained always in touch with government authorities and international organizations. Third the proceeding was general population and got recorded for evidence. In addition, it had a everlasting tribunal; what offered a constant practice with international regulation and bodies. It also inspired the development if so. Further all member states had to accept the principles and guidelines of the PCIJ. The PCIJ possessed also advisory function in case if the Category of Countries Council or Set up and a member state of the PCIJ weren't normally a member state of the Category of Nations. Previous, it got increasingly more representive in the international context.
The International Courtroom of Justice (ICJ)
Case of the Second World War the PCIJ possessed less space for activities. The very last conference was at December 1939, after that the PCIJ advanced backward and didn't act in circumstances of disputes between countries. In 1942 america and Great Britain tried to determine a fresh international Court docket and the Inter- North american Juridical Committee started to construct a fresh way of the PCIJ. Regarding the this development, some casual Committees got presented and released in Feb 1944 a written report, which contained that the Statute needs to be an international legislation and needed to be based on the Permanent Judge of International Justice. It should have advisory figure and acceptance in jurisdiction.
Meanwhile, on 30 Oct 1943, carrying out a seminar between China, the USSR, the uk and america, a joint declaration was given recognizing the necessity "of establishing at the earliest practicable date an over-all international organization, based on the basic principle of the sovereign equality of most peace-loving Areas, and open to membership by all such Says, large and small, for the maintenance of international peace and security".
The consequence of the getting together with (October 1944) was a proposal for the International Judge of Justice and represented in the beginning at one of the first conferences in Washington 1945, 44 claims with a Committee of lawyers. The preparations of the Statute of the ICJ occurred at the SAN FRANCISCO BAY AREA Discussion in 1945 with 50 participants and were predicated on the Statute of the PCIJ. That discussion was one of the most crucial in the history of the ICJ.
"The Conference made the decision against compulsory jurisdiction and towards the creation of your entirely new court docket, which would be a primary organ of the US, on a single footing as the overall Assemblage, the Security Council, the Economic and Social Council, the Trusteeship Council and the Secretariat, and with the Statute annexed to and forming area of the Charter. "
The Judge was the judicial area of the US and was linked to the League of Nations. All member states of the United Nations are member areas of the ICJ. In the beginning of the ICJ the European countries dominated national, political and judicial affairs and circumstance, that was the key reason why the ICJ and the United Land added some countries as associates and they increased from 51 (1945) to 192 (2006).
Functions and structure
The official development time frame is the 26. June 1945. The official seat is similar to the former business in The Hague. The ICJ consists out of fifteen judges, who've to be from the member areas of the US. These are indie and also have a diplomat position. They get voted from the overall Set up and the Security Council of the US. The main tasks of the ICJ are to connect between two or more disputing parties, nonetheless they need to be claims, because the ICJ is no longer working with cases of people or organizations. Decisions derive from international law.
"Current Judges advertising hoc
Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)
Guinea: Mr. Ahmed Mahiou
Democratic Republic of the Congo: Mr. Auguste Mampuya Kanunk'a Tshiabo
Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda)
Democratic Republic of the Congo: Mr. Joe Verhoeven
Uganda: Mr. Wayne L. Kateka
Application of the Convention on the Elimination and Punishment of the Crime of Genocide (Croatia v. Serbia)
Croatia: Mr. Budislav Vukas
Serbia: Mr. Milenko Krea
Territorial and Maritime Dispute (Nicaragua v. Colombia)
Nicaragua: Mr. Giorgio Gaja
Colombia: Mr. Jean-Pierre Cot
Certain Felony Proceedings in France (Republic of the Congo v. France)
Republic of the Congo: Mr. Jean-Yves de Cara
France: Mr. Gilbert Guillaume
Maritime Dispute (Peru v. Chile)
Peru: Mr. Gilbert Guillaume
Chile: Mr. Francisco Orrego Vicu±a
Aerial Herbicide Spraying (Ecuador v. Colombia)
Ecuador : Mr. Raєl Emilio Vinuesa
Colombie : Mr. Jean-Pierre Cot
Case concerning Software of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation)
Georgia: Mr. Giorgio Gaja
Application of the Interim Accord of 13 September 1995 (the previous Yugoslav Republic of Macedonia v. Greece)
Greece: Mr. Emmanuel Roucounas
The ex - Yugoslav Republic of Macedonia: Mr. Budislav Vukas
Jurisdictional Immunities of the state of hawaii (Germany v. Italy)
Italy: Mr. Giorgio Gaja
Questions associated with the Responsibility to Prosecute or Extradite (Belgium v. Senegal)
Belgium: Philippe Kirsch
Senegal: Serge Sur
Certain Activities carried out by Nicaragua in the Boundary Area (Costa Rica v. Nicaragua)
Costa Rica : Mr. John Dugard
Nicaragua : Mr. Gilbert Guillaume"
The ICJ is the only establishment of the United Nations which has its head one fourth not in the key quarter in New York, like mentioned could it be in The Hague, Netherlands.
In the visual display below is described how the ICJ works. The General Assembly and the Security Council vote the judges all three years for nine years. These judges signify different cultures, communities and legal frameworks. They are in charge of right decisions between condition litigations and preconditions for the areas who deposit their demands at the ICJ. Important is that they subordinate themselves under the jurisdiction of the ICJ. They are also responsible for the legal options in the event and questions of the international laws for the United Nations.
The government bodies of the ICJ are provided in the fourteenth section of the UN- Charta, determined in 1945 in San Francisco. One the one hands the ICJ has his one statute and one the other it is based on the UN- Charta. That means that a person in the ICJ is also a member of the US.
The ICJ regarding the international law
The ICJ has to bottom its decisions on the international laws, mentioned above. Because of the international legislations, the ICJ is a legal person which is permitted to make his own decisions on a juristically structure on which it is situated. In Work 38 Paragraph 1 it is described that the Judge has a statute predicated on international rules, but additionally, it may determined with the acceptance of the get-togethers which are the key personas in a dispute.
The UN- Charta and the ICJ
The chapter XIV of the UN- Charta says in Act 92 that the ICJ is the primary adjustication of the United Nations and has a long term statute and its duties, responsibilities and arrangements are based on the Charta and the statute. The first point of Act 93 means that all associates of the US are participants of the Court docket. Second, a state who is not really a person in the United Nations can get a member of the Court, but under different circumstances. There must be held a conference at the overall Assemblage of the United Nations and the state of hawaii really needs a reference of the US Security Council. The first part of Action 94 says that each person in the United Nations is committed, in case there is disputes to check out the interventions of the ICJ. If one of the gatherings of the dispute will not follow the guidelines of the ICJ, the other party is allowed to bring their circumstance to the United Nations Security Council. The Security Council is the last institution who can conclude the dispute and can make harder preparations for the dispute functions. In Action 95 is written that the claims can also ask other Courts to interfere in the dispute. The past Act, Work 96, says that US Security Council can make demands for information of dispute conditions and other corporations of the US can with the allowance of the overall Assembly require information of instances.
These conditions of work and service did not help quite definitely at peace- keeping and with international security, which is one of the main duties and obligations. The former notion of the ICJ was to interfere between disputes and the effect should be no battle and military access, but this was and is impossible, because many claims do not need to make compromises.
In official demonstrations, the ICJ almost all of enough time interpreted and structured their judgments and activities in international contexts on the UN-Charta. Whenever they fell a common sense, they add, that they caused the conventions of the Charta and the international rules. The key reason why they may be so careful with the information is due to international framework and the conditions with that they will work and the worrying about making problems between countries worse.
Types of Proceeding
There are existing two different kinds of proceeding. First is the disputable proceeding based on Act 92 of the UN- Charta and second is the procedure of advisory opinion or expert analysis based on Act 96 of the UN- Charta and the IJC- Statue.
The disputable technique should be a procedure which is based on peaceful resolutions for many contributing parties, in case of ICJ. The countries that happen to be acting like get-togethers, when they have a litigation at ICJ they need to be associates, to be able to require help at the ICJ. If they're no members of the ICJ or the US, they have to get a suggestion of the Security Council and soon after the General Assemblage is deciding if they are allowed to access the process and if indeed they get a celebration for that time of the US and the Court docket. If not, they can not work with the ICJ together. International organizations aren't allowed to get gatherings of the ICJ. These decisions were made on the Conference of San Francisco. The only path they can take part, is just how of hearing.
Also important for the ICJ is the duty of an international tribunal. The Courtroom can only work with a dispute between countries, when all parties agree to the litigation at the ICJ. That is based on an over-all process of international law. At the Convention of SAN FRANCISCO BAY AREA in 1945 it got discussed to base the Court on an obligatory jurisdiction, however in the end the Court received the statute of the traditional system with the ex - sovereignty theory. The countries have the possibilities to create an agreement, before the case comes formal to the Judge, who shows the duties of the ICJ, but both gatherings have to agree. They can make sort of bargain to abbreviate the proceeding. The states have also the opportunity to arrange agreements for enough time following the trial. Such a bargain should control the disputes and the performing. This should work like diplomacy or mediation- to avoid wars and issues. These contracts could be for example multi- or bilateral deals. Additional the countries can arrange the obligations of the ICJ also for future years, like they can work out compromises. This way of acting is called "facultative obligatory". These compromises and obligatories can have time- restrictions or there may be instructions that they have to check out with or with out a time- limit. That is determined by the case and when there is the need from the Courtroom to interfere. When there is a case, where in fact the parties are not able to define the tasks of the Court together, then the Court docket is deciding the circumstances of the trial.
In the text above is written that the ICJ only interferes when there is a discord between countries and there is absolutely no other possibility to resolve the problem or conflict without a Court. The ICJ defines a conflict and its rule: "disagreement on a point of rules or truth, a turmoil of legal view or if passions between two individuals" That explanation defines issues, but it does no show if it must be juristically or no- juristically. The interpretation of this is could also element in political and sociable disputes. If it also contains communal problems, then there is certainly duty- problem with the International Felony Court (ICC). Because of this defining problem the circumstances has to be totally clear and they need to be cases which do not have effects on politics and public positive working constructions. If indeed they have such effects, then it would not be any longer a case of the ICJ, but of the ICC (International Felony Courtroom).
The trial of the dispute should be separated in two parts, the written and the spoken part (Function 43). Very important in this context is the "preliminary objections" which could be used before the trial and through the trial from the get-togethers against the Court. The law which is employed from the ICJ for decisions is the mentioned international law. The international laws gets divide in three parts: first the under international law contracts, second general legal rules and third customary international legislations. Facilities for the ICJ can be already given verdicts or technological consensus. The second mentioned form was in the past largely used at nationwide courts and in international laws. Nowadays the general legal principles are disappearing and are not used very often. Today the ICJ is using the international laws deals and the customary international legislations most of enough time.
The decisions of the ICJ can be responsibility or declaratory judgments. The wisdom concerns only the disputing functions and the view must be accepted. There may be nothing existing which could change that, but under conceivable explanations the trial can be planned. If a stated does not follow the guidelines of the common sense, the Security Council can threat and order penalties.
The Procedure of Advisory Thoughts and opinions or Expert Assessment
In this procedure the General Assembly and the Security Council of the United Nations can get an advisory view from the ICJ. In this particular framework an advisory opinion or diagnosis means a juristically declaration of a circumstance of disputing countries. In the task no parties can be found and an advisory opinion is for the reason that framework essential. The Court has more electric power over the circumstance plus more ways to interfere. This ability results from the advisory judgment, which gets verbalized by the Court docket for the UN- institutions. A reason why the procedure get used, results out if the not given capacity to sue and become sued of the US. It ought to be a sort of compensation. The Court is not only checking out the advisory point of view, because it must involve the claims of the requisitioning establishment and the declaration of the says which are not the main characters of the trial, but they get mentioned. There are some other companies who are also allowed to ask for an expert assessment, for example the International Labor Group, the International Atomic Energy Firm or the US Educational, Scientific and Cultural Firm and more. The General Secretary is not allowed to obtain an advisory opinion, but different organizations and institutions tried to get the capability to receive that. Up for this day the ICJ and the individuals who are responsible for the UN- Charta didn't react because of this request. THE OVERALL Secretary has just the likelihood to summon the Security Council or the General Assembly to get an advisory impression. These corporations of the US can request for each and every question of law, but that's not the common treatment nowadays.
To get a specialist assessment an institution or another different applicant really needs a question of legislations for the ICJ. Here is again the situation to separate political and juristically questions, but in this case until today the Court docket did not find an operating consensus. The most of the time the Court decides when it gets the submission. The questions don't need any form or structure; they just have to show the problem.
When the advisory thoughts and opinions includes states, then the ICJ do not need the acceptance of the countries for such a demand. The Court can make that and there is absolutely no different assertion in the UN- Charta which would forbid that. But the ICJ cannot make a trial with no agreement of the expresses which means when the ICJ would make a verdict because of your advisory opinion, the states don't need to agree. If that would happen the ICJ must refuse the demand of an advisory opinion. The procedure of expert examination belongs like the disputable process to the international regulation.
Differences between the ICJ and the Security Council of the United Nations
A comparison between the ICJ and the Security Council is important, because they are both main parts of the UN-Charta (Work 7 para. 1). They are on the same level and have the same opportunities, but also their own functions and skills. The primary subject of differentiating between your two important establishments is the freedom or dependence of the members. Another important point is the difference between the types of procedure, because the ICJ should only use juristical questions and the Security Council is accountable for political variations. The tests in the ICJ are stricter and more formal. The way to the Court, during and after the Court, has exact suggestions and they have to be accepted from the requesting states. In the Security Council there tend to be more liberties for the engaged parties. The expresses don't need to take care of many obligations or formal conventions in comparison to the ICJ. Among the most important dissimilarities is the handling with a verdict after the trial. If state governments ask for at the ICJ they need to admit the verdict plus they cannot do anything again. The Security Council gives advice, so the countries do not need to feel compelled it do any action they dislike. The decisions of the Security Council are for the security of the global tranquility and the international security.
Decisions of the ICJ in the past and its own handling
"The experience of the International Judge of Justice is not too wealthy. In its twenty four years of existence, the I. C. J. has received about fifty cases, rendered judgments in twenty one, and has granted thirteen advisory opinions. "
In this subject the handling of the ICJ in different circumstances with disputes should be detailed. You will see some examples from days gone by to make clear difficult backgrounds and the view of the ICJ.
"In its judicial activity, as well as in the advisory one, besides the decisions and the advisory viewpoints delivered, the Court has recorded, each and every time a decision was rendered or it released an advisory judgment, numerous specific or separate viewpoints. Some of these views, real juridical masterpieces, are often of particular significance, because of the fact that they insist upon some rules and arguments of international legislation, dissimilar to those which led to the answer rendered by the Judge. These individual and separate thoughts are regularly provided in extenso [emphasis added] in Recueil des arrest, avis consultatifs et ordonnances [emphasid added]. "
The decisions of the ICJ did not only help find alternatives in the international context. In addition they are an expression for the composition of the international rules, where it originates from and how it gets treated. International justice, international laws and international relationships are very young from a historical perspective. The ICJ got proven around eighty years ago and the ex - international tribunals maybe been around twenty years much longer. This has multiple reasons; the world how exactly we know it today, didn't exist like that in the nineteenth century. The civilizations modified with the medial facilities for example or the First and Second World Conflict, the forces in the international context changed if so quickly. The ICJ had began small and big revolutions in rules perspectives, because regulation was not longer a part of a couple of countries, law received global and international. The author of the essay will take the first three conditions as instances for the working processes in the ICJ.
The Corfu Route Case
The first case of the ICJ dealt with about the Corfu Channel Circumstance in April 1949. The people of the trial were the uk of THE UK including Northern Ireland and the Republic of Albania.
The judges: "Performing President GUERRERO; President BASDEVANT; Judges ALVAREZ, FABELA, HACKWORTH, WINIARSKI, ZORI I, DE VISSCHER, Sir Arnold MCNAIR, KLAESTAD, BADAWI PASHA, K RYLOV, R EAD, HSU MO, AZEVEDO; M. E ER, Judge random. "
The case were only available in October 1946 when United kingdom ships drove into the Albanian water territories for mine- sweeping without the allowance of the Albanian federal government. The Albanians remaining after the Second World War mine fields in their territories and the British did not know about that. In cases like this happened three happenings and around 45 seamen of the British died. The Albanian Republic said after having a request for justification of the British federal that they didn't find out about these minefields and they also do not want to get any responsibilities for these occurrences. The British were not very content with this explanation and they thought they would get a justification for what occurred, but they didn't. So they went to the Security Council and requested for help in that discord with Albania. In 1947 the British isles federal consulted the Security Council of United Nations, but the Albanian didn't change their declaration as well as for the British such an excuse was not enough. The Security Council had not been in a position to solve the trouble, so the circumstance emerged to the ICJ. It had been a disputable treatment and both people accepted a trial at the ICJ.
"In cases like this, the International Courtroom of Justice possessed provided three decisions: the first, on October 25, 1948, declaring itself competent to settle the truth and considering, useless, having because the ad hoc [emphasis added] approval by the gatherings of the jurisdiction of the Court, the study of the Albanian software to decide if the International Judge of Justice is or is not before a case of compulsory jurisdiction; second- on April 9, 1949- on the substance and the third- on December 15. 1949- Regarding the quantum of reparations. "
The need and case of dispute were dominated from two aspects. The first was the problem that the Albanian did not want to take responsibility over the incidents and the next aspect resulted from the British who came with no agreement of Albania. These were winners of the next World Conflict, but from the view of the Albanians that does not mean that they may be allowed to interfere like they want to.
The Court experienced to deal with two different facets. Within the first part of the dispute the ICJ made a decision that the fault of the occurrences was theirs. These were responsible and were responsible for the damage which the British ships experienced. This verdict was predicated on different statements of actors in cases like this. In summary there were six different viewpoints for the first aspect and there have been actors in this process who leveled critism against the procedure and handling of the ICJ in this part. They said this issue started out with a incorrect conception. The British infringed contrary to the sovereignty of a state after all of the tensions and situations which happened through the Second World Battle.
The second facet of the case the ICJ possessed no bigger problems to discover a verdict, because all of the judges were the same view. It was prohibited from the uk to drive in the ocean territories without agreement of the Albanian Republic. Only because the British performed an important role in the next World Battle, was no reason because of this action. The penetration had not been allowed and infringed the options and functions of circumstances. The ultimate decisions in December 1949 from the court docket found the manifestation that the Uk got entitlement on remuneration of the Albanian Republic for the harm which resulted from the incidents.
Another decision was made in April 1949, that was and is very significant in a juristical framework.
" The Court docket has condemned the repeated penetrations of warships, belonging to circumstances which possess a large naval fleet, in the territorial sea of a state 'which, at the beginning of 1946, proclaimed itself a popular- democratic republic and implemented a regime that was not agreeable to the reactionary circles in Great Britain'".
"Concerning the delimitation of some fishering zones in the maritime waters of the Norwegian Coast".
Judges: "President BASDEVANT; Vice-President GUERREO; Judges ALVAREZ, HACKWORTH WINIARSKI, ZORI I, DE VISSCHER, Sir Arnold MCNAIR, KLAESTAD, BADAWI PASHA, READ, HSU MO ; Registrar HAMBRO.
Around 1935 Norway started to determine the sportfishing areas about the Arctic and the North Polar Area. These Areas were for fishing companies and cooperations that belonged to Norway. If indeed they were no individuals, they needed the authorization of the Norwegian authorities. "The type of reasoning from which the Norwegian specialists had were only available in establishing this area of fishing, was based on the particularly specific configuration of the Norwegian coasts. " Great Britain was not worked up about the boarders and the Norwegian fishing zones, because they didn't accord with Norway. That was the key reason why both of the states consulted the ICJ. This case received very significant, due to questions which resulted from the trial. The final judgment was at December 1951.
The decision of the court was to the good thing about Norway, because the ICJ found no breach in case there is the international legislation. The delimitation of the edges and sportfishing areas was correct and based on common and traditional guidelines. Following the process the ICJ possessed noticed that in future delimitation of territorial sea shouldn't be able to specify on talk about sovereignty. That might be too random and may be too much suggestions for conflicts. After all these open questions it needed even more years to define the territorial sea legislation. Further down is written about the United Nations Conventions on regulations of the Sea, which regulates a few of these aspects and open up questions.
The Asylum case of Colombia and Peru
The third case of the ICJ was about asylum and how to deal with that. It had been about the "right of asylum". Both countries Columbia and Peru wanted at the ICJ.
Judges:"Leader BASDEVANT; Vice-President GUERRERO; Judges ALVAREZ, HACKWORTH WINIARSKI, DE VISSCHER, Sir Arnold MCNAIR, K LAESTAD, KRYLOV, READ, HSU MO; MM. ALAYZA Y PAZ SOLDAN and CAICEDO CASTILLA,
Judges random ; Mr. HAMBRO Registrar. "
The submission was because of the decided Pan- American Convention in the Columbian capital city Havana. They didn't know exactly how to cope with the new laws and rules. The Convention was manufactured in 1928. "This convention provided for that, in certain circumstances, embassies of the areas celebrations to the Convention may give asylum, for political reasons, to a resident owned by a state on which territory can be found the embassy, in case that this last state is also party of the Convention. "
So that occurred. The Embassy of Columbia wished asylum for a resident who resided in Peru and desired the asylum because of politics reasons. The wisdom of the ICJ made the decision that the Columbian government and the Columbian Embassy in Peru were not allowed to determine, if the individual needed asylum or not. The second reason, why the verdict was for the benefit for Peru, was that the person, who wanted asylum, was a unlawful and the Peruvian law enforcement officials searched for the individual. Afterwards the Columbian Embassy tried out to ask at the Court docket for an set up, which help the individual to visit his home country without any difficulties. One the main one hand they wished to give him the authorization, but on the other palm there was the Skillet- African Convention, which got his rules and was not able to change. From then on a armed forces uprising was seen under the Columbian people in Peru, but it stopped and broke down. All this incidents helped the person (Haya della Torre) in a way, because the Courtroom found out, that the truth was not finished yet.
"By its decision of June 13, 1951, the Judge discovered that the question of turning over a person, groundlessly regarded as a politics refugee by the party which has awarded asylum, had not been settled in the Havana Convention. Alternatively, the Court had considered that, in fact, it was requested to provide its decision after the way in which the granted asylum should come to a finish. "
So the Judge found out which it was not a juristical question. It was a political and that supposed that the ICJ had not been the institution, which should handle that case. But the Judge made the decision that Columbia was allowed to request for a peaceful stopping of the case.
The US Convention on regulations of the Sea
"The oceans got long been at the mercy of the independence of-the-seas doctrine - a principle put forth in the seventeenth century essentially limiting national protection under the law and jurisdiction on the oceans to a thin belt of sea encircling a nation's coastline. The rest of the seas was proclaimed to be absolve to all and belonging to none. While this situation prevailed into the twentieth century, by mid-century there was an impetus to increase national promises over just offshore resources. There was growing concern within the toll taken on coastal fish stocks and options by long-distance angling fleets and over the threat of pollution and wastes from transport ships and petrol tankers transporting noxious cargoes that plied sea routes throughout the world. The hazard of pollution was ever before present, intimidating coastal resorts and all forms of sea life. The navies of the maritime capabilities were competing to maintain a presence throughout the world on the top waters and even under the ocean. "
A very important time frame for the if so was the first November of 1967, where in fact the Arivd Pardo, Ambassador of Malta, said that the issues and disputes because of sea territories and their resources, are destroying the type and forcing claims to fights because of the territories and there must be a clearly defined national jurisdiction to avoid such cases. This talk cased devolution over the next 15 years and the creation of the United Nations Seabed Committee. The Committee assemble that all resources of the seabed are the heritage and induced the Stockholm Discussion in the Individuals Environment, which should regulate the seabed on a diplomatic basis. After that quite third United Nations Conference on regulations of the Sea in New York, 1973, got performed. It finished after nine years in 1982.
"Navigational rights, territorial sea boundaries, financial jurisdiction, legal position of resources on the seabed beyond the boundaries of nationwide jurisdiction, passage of ships through small straits, conservation and management of living marine resources, cover of the marine environment, a marine research plan and, a more unique feature, a binding procedure for pay out of disputes between Expresses - these are one of the important top features of areas of the resources of the sea and uses of the sea, and therefore bring a stable order to mankind's very way to obtain life. "
This Convention was a big deal out of recommendations and protection under the law for the users of sea resources. It will control all issues that happen to be connected with the sea and the seabed.
The ICJ is an essential institution. It is also very rigid in its way of proceeding and with the judges. They get voted every 3 years and they need to be from different countries and civilizations. That's all very interesting, because it is possible to start to see the multiculturalism and the fact that it's independent which is prohibited to be on one side. The proceeding has many facts and constructions inclusive and the most important point is the fact that everything is dependant on international rules. Some problems make this is politics or juristical questions, because the ICJ is merely allowed to work with juristical instances between countries. As every person can read above, there have been instances where these questions received resolved during or after a trial. Sometimes there had to be a new trial or the instances had to improve the institution.
The question in the beginning: what's the meaning or the value of the ICJ is on the one hand quickly to answer, but on the other side the answer is not satisfying. The ICJ should stabilize the earth peace and really should be in case of verbal and non- verbal issues a possibility for solutions. It should manage countries, who make an effort to change that and really should give them sanctions and boarders in the international framework. The web that everything needs to be strictly worked out on the international laws and there is no way of emotionality or something similar. The other thing is the fact that world peace is an utopianism, which will never be come to and every minute the condition gets bigger, because increasing numbers of people are living upon this world. That means they need more place and this results conflicts. Hopefully the ICJ can interfere in such instances like it does before.
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