What is Article 38 of the International Court of Justice?
Article 38(1)of the ICJ divides the sources of international law into those of a primary and secondary nature. The primary sources, which the Court will consider in its decisions, include conventions (or treaties), customary law, and general principles recognized by civilized nations.
What does Paragraph 2 of Art 38 of the Statute of ICJ provide?
2. The conditions under which the Court shall be open to other states shall, subject to the special provisions contained in treaties in force, be laid down by the Security Council, but in no case shall such conditions place the parties in a position of inequality before the Court.
Is Article 38 of ICJ exhaustive?
As a matter of practice, therefore, the fact that Article 38 is non-exhaustive has no great impact on the application of international law by the International Court of Justice. In this sense, the Statute does not provide a hierarchy of the sources of international law.
Which of the article of the Statute of International Court of Justice makes it clear that the decision of the Court will have no binding force except between the parties and in respect of that particular case only?
Article 59 The decision of the Court has no binding force except between the parties and in respect of that particular case. The judgment is final and without appeal. In the event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party.
How long may a judge sit in the ICJ?
The International Court of Justice is composed of 15 judges elected to nine-year terms of office by the United Nations General Assembly and the Security Council. These organs vote simultaneously but separately. In order to be elected, a candidate must receive an absolute majority of the votes in both bodies.
What does Article 38 say?
[(1)] The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
What is the compulsory jurisdiction of the ICJ?
It is that legal obligation that is at the root of the term “compulsory”. The jurisdiction of the International Court of Justice (ICJ, “the Court”) is based on the consent of the parties. No State can be compelled without its consent to submit a dispute with another State to international adjudication.
Is ICJ legally binding?
The judgment is final, binding on the parties to a case and without appeal (at the most it may be subject to interpretation or, upon the discovery of a new fact, revision).
Are there any remedies at the International Court of Justice?
Scholarly writings opine that the Court has not yet established a coherent framework of applicable remedies. 4 This thesis takes this assumption as its starting point and delves into the Court’s practice.
What are the different types of remedies in international law?
Types of remedies The notion of “remedy” may vary from jurisdiction to jurisdiction. In some cases, remedy refers mainly to the procedural aspect of redress; in others remedy is the substantive relief obtained. Under international law, at a minimum, an effective remedy must lead to the cessation of the violation and the provision of reparation.
What are the remedies for a human rights violation?
Remedies for ESC rights violations, as with any human rights violations, are aimed at achieving justice and repairing injuring for the victim (s) of such violations.
Are there any systemic remedies for ESC violations?
However, as highlighted throughout this Guide, redress for ESC rights violations does not always necessitate systemic remedies with far-reaching policy or legal reforms, and with significant budgetary implications.