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VOL. 7, ISSUE 5 (2021)
Study the jurisdiction of the international court of justice (ICJ)
Authors
Ali Reza Annabi, Mahmoud Jalali
Abstract
The International Court of Justice was established following the end of the World War II as a United Nations pillar and aimed at resolving the differences among the countries. Under the Statute of the Tribunal, only governments can refer to the Court, and in this regard, the contentious jurisdiction of the Court is based on the consent of the parties to the dispute, and the Tribunal must obtain jurisdiction before a substantive proceedings, and countries may refuse to accept the jurisdiction of the Tribunal, or It is conditional upon specific claims or certain time. But in terms of advisory jurisdiction, in addition to governments, the main and subsidiary organs and specialized organizations affiliated to the United Nations also have the right to request an advisory opinion, although advisory opinions are not primarily required for countries. Not only is the Court at the stage of jurisdiction, but also in the course of proceedings, it is subject to limitations such as the declaration of the prior consent of the parties to the dispute and the legal nature of the dispute. And Article 36 of the Statute of the Court, and Article 7, Clause 2 of the Charter, explicitly outlines the jurisdiction of the Court in this regard. The International Court of Justice has jurisdiction to interpret the Charter and review the rulings of other international bodies. In the end, it must be said that the undisputed domination of the principle of national sovereignty and the non-admission of international non-governmental organizations to litigation has disrupted the work of the Court in the provision of global justice, which needs to be reviewed and reformed.
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Pages:19-24
How to cite this article:
Ali Reza Annabi, Mahmoud Jalali "Study the jurisdiction of the international court of justice (ICJ) ". International Journal of Law, Vol 7, Issue 5, 2021, Pages 19-24
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