Essay on Superiority of the International Court of Justice

Essay on Superiority of the International Court of Justice

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The International Court of Justice (ICJ) is an important organ of the United Nations. Actually it is the UN's principal judicial arm used to foster international peace. It was established after the League of the Nation and its judicial organ the Permanent Court of International Justice (PCIJ) were dissolved after the Second World War, in 1946. Its main purpose is to support the UN (which was formed in 1945) in its endeavour in promoting international peace and law . Important to note is the fact that this court, although referred to in a non-technical context as the world court, does not automatically possess compulsory international jurisdiction. The treaty creating this court, referred to as the stature of international court of justice, provides an option for member states to chose whether to be subjected to the court international compulsory jurisdiction or not. A state once it decides to be subjected to this compulsory jurisdiction is still at liberty of setting condition that will shield it against adverse implication of the subjection. This provision gives mainly powerful states undue advantage over less powerful ones when it comes to international matters. For instance they can easily decide not to attend the court proceeding, and if they attend they refuse to abide to the court ruling without facing serious implications .
The lack of automatic international compulsory jurisdiction renders ICJ inferior. Therefore the argument that referring to this court as the ‘World Court’ implies it is superior; an international equivalent of a national supreme court is null and void. Generally a supreme court is the highest ranking court. Its ruling is not subject to further review and therefore the disputing parties ha...

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...., Raič, and Thuránszky J., The International Court of Justice: its future role after fifty
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Powell, Emilia and Mitchell, Sara M., ‘The International Court of Justice and the World’s Three
Legal Systems’ The Journal of Politics, 69/2 (2007), 397-415.

Posner, Erick and Figueiredo, Miguel., ‘Is the International Court of Justice Biased?’ JOHN M.
OLIN LAW & ECONOMICS WP, 234/2 (2004), 1-43.

Shimko, K. L., International Relations: Perspectives and Controversies (Boston: Wadsworth,
Tanzi, Attila., Problems of Enforcement of Decisions of the International Court of Justice and the Law of the United Nations, EJIL, 6, (1995) 539-572.
Warioba*, Joseph., ‘Monitoring Compliance with and Enforcement of Binding Decision of
International Courts’ Max Planck Yearbook of United Nation Law, 5 (2001), 41-52.

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