Unit III

International court of justice

Task 1. Make sure you know the meaning of the words and their definitions below

successor	a person or thing that follows
workload	the amount of work to be done
advisory opinions	consultation
contentious	debatable, disputable
ensure continuity	guarantee logical sequence, connection
hold a post	take up a position
contemplate	specify, provide for
be accountable to	answerable to
in force	having legal validity
impartial	not prejudiced towards or against any party
equitable	rightful, fair, just
pleadings	the formal written statements presented alternatively in a lawsuit by a claimant and defendant
be binding upon	compulsory, obligatory for smth/smb

Task 2. Read and translate the text.

Introduction

The International Court of Justice, popularly known as the World Court or ICJ, is the principal judicial organ of the United Nations. Its seat is in the Peace Palace at the Hague, Netherlands. Established in 1945 by the Charter of the United Nations, the Court began work in 1946 as the successor to the Permanent Court of International Justice. English and French are its two official languages.

The Court’s workload is characterized by a wide range of judicial activity. Its main functions are: 1) to settle legal disputes submitted to it by states and 2) to give advisory opinions on legal questions submitted to it by duly authorized international organs and agencies.

Since its establishment the Court has dealt with over 120 cases, 80 per cent of which have been contentious cases between States and 20 per cent requests for advisory opinions submitted by the UN organs or specialized agencies.

The Court is open to the parties to its Statute, which automatically includes all Members of the UN. A State, which is not a United Nations Member, may become a party to the Statute as is the case for Switzerland and Nauru.

Under Article 34 of the Statute, only States may be parties in cases before the Court and submit cases to it. The Court cannot therefore consider disputes between a State and an international organization, or between two international organizations, nor can it deal with applications from non-governmental organizations or individuals.

Both the General Assembly and the Security Council can ask the Court for an advisory opinion on any legal question; other organs of the United Nations and the specialized agencies, when authorized by the Assembly, can ask for advisory opinions on legal questions within the scope of their activities. Advisory opinions were intended as a means by which the UN agencies could seek the Court’s help in deciding complex legal issues. In principle, the Court’s advisory opinions are consultative in character, though they are also influential and widely respected.

Composition

The ICJ is composed of 15 permanent judges elected by the UN General Assembly and the UN Security Council voting independently. Judges serve for nine year terms and may be re-elected. Elections take place every three years, with one-third of judges retiring each time in order to ensure continuity within the court. No two judges may be nationals of the same country. According to Article 9, the membership of the Court is supposed to represent the main forms of civilization and of the principal legal systems of the world”.

Article 2 of the Statute provides that all judges should be “elected regardless of their nationality among persons of high moral character”, who are either qualified for the highest judicial office in their home states or known as lawyers with sufficient competence in international law. Judges of the ICJ are not able to hold any other post, nor act as counsel during their term of office

Besides permanent judges, so called judges ad hoc may participate in deliberations, hearings of cases and taking decisions. The system allows any party to a contentious case, which does not have a judge of its nationality on the Bench, to choose a judge for that specific case, though it is under no obligation to do so. Ad hoc judges participate fully in the case along with the permanent bench.

Generally, the Court sits as a full bench, but the Statute allows the Court to form smaller units called chambers, usually 3 or 5 judges, to hear cases. Two types of chambers are contemplated by Article 26: firstly, chambers for special categories of cases, and second, the formation of ad hoc chambers to hear particular disputes. Ad hoc chambers are more frequently convened.

As of 6 February the composition of the Court is as follows:

• President,

• Vice-president

• In addition to the President and Vice-President, the ICJ judges are from Russia, China, Japan, Germany and other countries.

The President and the Vice-President of the Court are elected by their peers every three years by secret ballot. The President directs the work of the Court and supervises its administration.

The Court has a permanent administrative organ, the Registry, which assists the Court in the performance of its duties and is accountable to it. The Registry is headed by a Registrar. Since the ICJ is both a court of justice and an international organ, the Registry’s tasks are both judicial and diplomatic, as well as administrative.

Jurisdiction

The Court is competent to entertain a dispute only if the States have accepted its jurisdiction.

The jurisdiction of the Court covers all questions which States refer to it and all matters provided for in the United Nations Charter or in treaties or conventions in force. States may bind themselves in advance to accept the jurisdiction of the Court, either by signing a treaty or convention, which provides for referral to the Court, or by making a declaration to that effect.

The Court has made scores of judgements on international disputes involving economic rights, rights of passage, the non-use of force, non-interference in the internal affairs of States, diplomatic relations, hostage-taking, the right of asylum and nationality. Such disputes are brought before the Court by countries in search of an impartial solution. By achieving a peaceful settlement of disputes on questions such as land frontiers, maritime boundaries and territorial sovereignty, the Court has often helped to prevent the escalation of disputes.

Law applied

When deciding cases, the Court applies international law. Article 38 of the ICJ Statute provides that in arriving at its decisions the Court shall apply international conventions, international custom, and the ‘general principles of law recognized by civilized nations”. It may also refer to academic writings and previous decisions to help interpret the law. If the parties agree, they may also grant the Court the liberty to decide ex aequo et bono (in justice and fairness), granting the Court the freedom to make an equitable decision based on what is fair under the circumstances.

Procedure in Cases

The Statute of the Court provides that the procedure shall consist of two parts: written and oral.

The written stage comprises the submission to the Court of pleadings containing a detailed statement of the disputed issues. The duration of the written stage varies from a few months to several years, depending on the complexity of the case. The written pleadings are generally not made available to the public before the opening of the hearing.

The hearings (oral stage) usually last from two to six weeks.

After the oral proceedings, the Court deliberates in camera and then delivers its judgement at a public sitting.

A judgement of the Court is issued as a bilingual document with the English and the French versions on opposite pages. A judgement of the Court is binding upon the States concerned. Article 94 of the Charter of the United Nations provides that “each Member of the UN undertakes to comply with the decision of the Court in any case to which it is a party.”

All judgements are final and without appeal. If one of the parties challenges its meaning or scope, the only possibilities open to it are to make a request for interpretation or for revision having recourse to the Security Council of the United Nations.

Task 3. Answer the following questions using the information of the text.

1. When was the ICJ established?

1. What organ was a predecessor to the ICJ?

2. What are the official languages of the Court?

3. What are the main functions of the Court?

4. What bodies may be parties in cases before the Court?

5. Which UN organs and specialized agencies may ask the Court for an advisory opinion?

6. By whom and how are the Members of the Court elected?

7. What conditions must judges meet?

8. Can the judges continue to exercise certain professional activities outside their functions at the Court?

9. What is a judge ad hoc?

10. What is the Registry and how does it work?

11. What condition must the Court meet to entertain a dispute?

12. Can the composition of the Court vary from case to case?

13. What are the sources of law applied by the Court?

14. What kind of disputes has the Court made judgements on?

15. What does a judgement look like?

16. Is the judgement of the Court binding upon the States concerned?

17. Can an appeal be entered against it?

Task 4. Below is some information about the court and its activities. Match the information to the following headings. You will need to use some of the headings more than once.

• Functions of the Court

• Composition

• The Parties in cases between States

• Jurisdiction in Cases between States

• Procedure in Cases between States

• Sources of Applicable Law

• Advisory Opinions

International Court of Justice	Headings
One of the roles of the Court is to settle in accordance with international law the legal disputes submitted to it by States	Functions of the Court
The Court decides in accordance with international treaties and conventions in force, international custom, the general principles of law and, as subsidiary means, judicial decisions and the teachings of the most highly qualified publicists
The Members of the Court do not represent their governments but are independent magistrates
The advisory procedure of the Court is open solely to international organizations
The Court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction
The other role is to give advisory opinions on legal questions referred to it by duly authorized international organs and agencies
Only states may apply to and appear before the Court
The Court is composed of 15 judges elected to nine-year terms of office by the United Nations General Assembly and Security Council
After the oral proceedings, the Court deliberates in camera and then delivers its judgement at a public sitting
If one of the States involved fails to comply with it, the other party may have recourse to the Security Council of the United Nations.
The Court may not include more than one judge of any nationality

Task 5. Fill in the blanks with the words from the box

successor duly authorized give advisory opinions settle legal disputes has dealt with influential composed of term of office pleadings contentious peers workload chambers principal sufficient competence to hold post deliberations full bench supervises performance accountable to entertain a dispute hostage-taking asylum impartial disputed ensure continuity secret ballot respected consider disputes binding challenges meaning request counsel scope

1. The ICJ is the … … judicial body of the United Nations.

2. The Court’s … … is characterized by a wide range of judicial activity.

3. The Court began work as the … to the Permanent Court of International Justice.

4. The main functions of the Court are: 1) to … … submitted to the Court by States and 2) to … on legal questions submitted to it by … international organs and agencies.

5. Since its establishment the ICJ … over 120 cases, 80 per cent of which have been … cases between States.

6. The Court’s advisory opinions are also … and widely …

7. The Court cannot … between a State and an international organization.

8. The ICJ is …15 judges.

9. Elections take place every three years in order … within the Court.

10. The judges should be either qualified for the highest judicial office in their home states or known as lawyers with … in international law.

11. Judges are not able … any other …, nor act as … during their …

12. Judges ad hoc may participate in …, hearings of cases and taking decisions.

13. The Court sits as a …, but the Statute allows to form smaller units called …

14. The President and Vice-President of the Court are elected by their … every three years by… .

15. The President directs the work of the Court and … its administration.

16. The Registry assists the Court in the … of its duties and is… it.

17. The Court is competent to … only if the States have accepted its jurisdiction.

18. The Court has made scores of judgements on international disputes involving …, the right of … and nationality.

18. Such disputes are brought before the Court by countries in search of an … solution .

19. The written stage comprises the submission to the Court of … containing a detailed statement of the … issues. .

20. A judgement of the Court is … upon the States concerned.

21. If one of the parties … its … or … the only possibilities open to it is to make a … to the Security Council.

Task 6. Mark the sentences as True or False

1. The international Court of Justice is the subsidiary judicial organ of the United Nations.

2. The Court began work as a predecessor to the Permanent Court of International Justice.

3. The Court’s main functions are: to settle legal disputes and to give advisory opinions on legal questions submitted to it by duly authorized international organs and agencies.

4. The Court is open to the parties to its Statute, which automatically includes all Members of the UN.

5. Under Article 34 of the Statute only non-governmental organizations may be parties in cases before the Court and submit cases to it.

6. The ICJ is composed of 15 permanent and ad hoc judges.

7. Article 2 of the Statute provides that all judges should be “elected in regards to their nationality among the persons of high moral character”,

8. Judges of the ICJ are able to hold any other post, or act as counsel during their term of office.

9. Ad hoc judges partly participate in the case along with the permanent bench.

10. The Vice-President directs the work of the Court and supervises its administration.

11. The Court assists the Registry in the performance of its duties and is accountable to it.

12. The Court is competent to entertain a dispute only if the States have accepted its jurisdiction.

13. When deciding cases, the Court applies domestic law.

14. All judgements of the Court are final and without appeal.

Task 6. Translate the following:

Successor, уполномоченный должным образом, to settle legal disputes, to have recourse, компетентное мнение (консультации), to deal with, full bench, influential, состоит из, срок полномочий, заявление о невиновности, contentious case, коллеги (ровня), объем работы, советник (адвокат) , chamber, is composed of, pleadings, duly authorized, advisory opinion, peers, principal, sufficient competence, занимать должность, counsel, коллегия, главный, term of office, deliberations, полный состав судей, дискуссия, заниматься чем-либо, to hold a post, осуществлять надзор, спорное дело, supervise, performance of one’s duties, быть подотчетным, имеющий влияние, исполнение обязанностей, принимать спор к рассмотрению, взятие заложников, asylum, impartial solution, disputed issues, to entertain a dispute, обеспечивать преемственность, challenge, referral, тайным голосованием, respected, consider disputes, binding, оспаривать, the meaning and the scope, to ensure continuity, содержание и смысл, обращаться за помощью, достаточно компетентный, убежище, workload, беспристрастное (объективное) решение, by secret ballot, передача (направление).

Task 7. Match the words and word combinations with their Russian equivalents

entertain a dispute	объем работы
performance of one’s duties	заявление о невиновности
have recourse	срок полномочий
asylum	компетентное мнение (консультация)
hostage-taking	уполномоченный должным образом
ensure continuity	содержание и смысл
impartial solution	оспаривать
by secret ballot	рассматривать споры
consider disputes	тайным голосованием
challenge	беспристрастное (объективное) решение
the meaning and the scope	обеспечить преемственность
duly authorized	взятие заложников
advisory opinion	убежище
term of office	обращаться за помощью
pleadings	исполнение обязанностей
workload	принимать спор к рассмотрению
counsel	передача (направление)
hold a post	быть подотчетным
chamber	спорное дело
full bench	осуществлять надзор (руководство)
deliberations	коллегия
supervise	полный состав судей
contentious case	дискуссия
be accountable to	занимать должность
referral	советник (адвокат)

Task 8. Complete the sentences with the endings from the text

1. The Court’s workload is characterized by a wide range of …

2. Under Article 34 of the Statute, only States may be parties in cases before the Court and …

3. In principle, the Court’s advisory opinions are consultative in character, though they are also…

4. The ICJ is composed of 15 permanent judges elected by the UN General Assembly and …

5. Judges of the ICJ are not able to hold any other post, nor act as counsel during…

6. Besides permanent judges, so called judges ad hoc may participate in…

7. Generally, the Court sits as a full bench, but the Statute allows the Court to form smaller units called …

8. The President and the Vice-President of the Court are elected by their peers every…

9. The Court has a permanent administrative organ, the Registry, which assists the Court in the performance of its …

10. The Court is competent to entertain a dispute only if the States…

11. By achieving a peaceful settlement of disputes on questions such as land frontiers, maritime boundaries and territorial sovereignty, the Court has often helped to…

12. When deciding cases, the Court applies…

13. Article 38 of the ICJ Statute provides that in arriving at its decisions the Court shall apply international conventions, international …

14. The Statute of the Court provides that the procedure shall consist of two parts…

15. The written stage comprises the submission to the Court of pleadings containing a detailed statement of …

16. The hearings (oral stage) usually last from …

17. A judgement of the Court is binding …

18. All judgements are final and …

Task 9. Choose the correct variant

1. a). The International Court of Justice, popularly known as the European Court or ECJ, is the principal judicial organ of the United Nations.

b) The International Court of Justice, popularly known as the World Court or ICJ, is the principal judicial organ of the United Nations.

2. a) The ICJ began work in 1946 as the successor to the Permanent Court of International Justice.

b) The ICJ began work in 1946 as the predecessor to the Permanent Court of International Justice.

3. a) ) Its main functions are: 1) to settle legal disputes submitted to it by states and 2) to give advisory opinions on legal questions.

b) Its main functions are: 1) to settle legal disputes submitted to it by non-governmental organizations and individuals and 2) to give advisory opinions on legal questions.

4. a) The ICJ is composed of 15 permanent judges elected by the UN General Assembly and the UN Security Council voting independently.

b) The ICJ is composed of 15 ad hoc judges elected by the UN General Assembly and the UN Security Council voting independently

5. a) The President and the Vice-President are elected by their peers every three years by advisory ballot.

b) The President and the Vice-President are elected by their peers every three years by secret ballot.

6. a) Ad hoc judges do not participate in the case along with the permanent bench.

b) Ad hoc judges participate fully in the case along with the permanent bench.

7. a) Generally, the Court sits as a full bench, but the Statute allows the Court to form smaller units called chambers, usually 3 or 5 judges, to hear cases.

b) Generally, the Court sits as a full bench, but the Parliament allows the Court to form smaller units called chambers, usually 3 or 5 judges, to hear cases.

8. a) When deciding cases, the Court applies municipal law.

b) When deciding cases, the Court applies international law

9. a) All judgements of the Court are provisional and can be appealed.

b) All judgements of the Court are final and without appeal.

Task 10. Translate into English

Международный Суд состоит из 15 независимых судей, избранных вне зависимости от их гражданства, из числа лиц высоких моральных качеств, удовлетворяющих требованиям, предъявляемым в их странах для назначения на высшие судебные должности или являющихся юристами с признанным авторитетом в области международного права.

Более половины дел, которые рассматривает Суд, касаются территориальных и пограничных споров. Значительное число связано с морскими спорами и вопросами, касающимися морского права. Другая группа дел связана с вопросами государственной юрисдикции и дипломатического и консульского права. Самые важные споры в практике Суда касались утверждений о незаконном применении силы. Кроме того, к Суду обращаются с просьбами вынести решение по претензиям коммерческого характера или претензиям частноправового характера к одному государству, которое поддерживает другое государство.

Все государства — участники Статута обладают правом выдвижения кандидатур. В целях ограждения процесса выдвижения кандидатур от политического влияния непосредственное выдвижение кандидатур производится не правительствами, а группами юристов («национальными группами») в Постоянной палате третейского суда или в случае стран, не являющихся участниками, группами, учрежденными в аналогичном порядке. Каждая группа юристов выставляет до четырех кандидатов, причём не более двух кандидатов могут быть гражданами государства, выставляемого группой. Другие могут быть из любого другого государства. Избрание судей проходит, как правило, осенью, а приступают они к выполнению своих обязанностей 6 февраля следующего года, то есть с даты, когда первые судьи Международного суда ООН вступили в должность в 1946 году. Если во время срока своих полномочий судья умирает или уходит в отставку, проводятся специальные выборы для избрания судьи на оставшийся срок.

Task 11. Speak on the ICJ and the range of its judicial activities:

1. Main functions of the ICJ.

2. Composition.

3. Jurisdiction in cases between states.

4. Procedure in cases between states.

5. Sources of applicable law.

6. Name some cases brought to the Court.