Interpretation of Article 38 of the Statute of the International Court of Justice. international Court

Article 38 of the Statute of the International Court of Justice establishes:

"one. The court, which is obliged to decide the disputes submitted to it on the basis of international law, applies:

a) international conventions, both general and special, laying down rules expressly recognized by the contending states;

b) international custom as evidence of a general practice accepted as law;

c) general principles rights recognized by civilized nations;

d) subject to the reservation referred to in Article 59, the judgments and doctrines of the most qualified public jurists of the various nations, as an aid to the determination of the rules of law.”

Is this list an exhaustive list of sources of international law? Does Art. 38 source hierarchy? Can the International Court of Justice be guided by other sources in resolving disputes? Is this list binding on other international courts and arbitral tribunals?

Case 2. Treaty establishing the European economic community

In accordance with Art. 189 of the Treaty establishing the European Economic Community “…the regulation is intended to general use. It is mandatory in all its parts and is subject to direct application in all Member States.” The regulation is an act of an international organization and is adopted by the bodies of this organization on the basis of the provisions of the constituent acts and other norms of international law.

In 2000, within the framework of the EU, the Regulation “On the Service of Procedural Documents in Civil and Commercial Matters in the Member States” was adopted. Article 20 of this regulation contains the following provision:

“This Regulation has greater legal force than bilateral or multilateral treaties and agreements concluded by EU Member States, in particular the Protocol to the Brussels Convention of 1968 and the Hague Convention of 1965.”

Is this regulation a source of international law? Is there in this case a violation of the provisions of the Vienna Convention on the Law of Treaties of 1969 regarding the priority of the operation of the norms of international law? Can the norms of acts international organizations take precedence over the norms of international treaties or customs?

Case 3. UNIC Advisory Opinion

The UN General Assembly, at the request of the state of A., applied to the International Court of Justice for an advisory opinion. The request indicated that State A was asking for an interpretation of the peace treaty with State B in order to avoid conflict between them.

What is the advisory opinion of the UNICS? Which of the subjects of international law can apply for an advisory opinion to the UN ICJ? Will this request be taken into consideration? Can the UNIC refuse a request?

Case 4. Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, 1986

The 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations has not entered into force. Nevertheless, when concluding international treaties, the subjects of international law are guided by the norms of this convention.

What is the source of regulation in this case – contract or custom?

Case 5. The principle of self-determination

The head of the autonomy of one of the nationalities of the state A., numbering 20 thousand people, occupying part of the territory, referring to the principle of self-determination, declared his independence and international legal personality.

Statute - international court

Statute of the International Court of Justice 1945 / / International law in documents / Comp.

Statute of the International Court of Justice / / International Law in force / Comp.

Among the first are the sources listed in Art. 38 of the Statute of the International Court of Justice, international conventions (agreements, treaties) establishing rules that are specifically recognized by states as binding legal norms, resolutions of certain international organizations that are binding on the member states of these organizations; international custom, general principles and, with some reservations, judicial decisions.

The charter consists of a preamble, 19 chapters, 111 articles and the Statute of the International Court of Justice.

This Convention is open until 31 December 1958 for signature on behalf of any Member of the United Nations and on behalf of any State which is or hereafter becomes a Member of any specialized agency of the United Nations or which is or hereafter becomes a Party to the Statute of the International Court of Justice , or any other State to be invited by the General Assembly of the United Nations.

This Convention is open until 31 December 1958 for signature on behalf of any Member of the United Nations, and on behalf of any State which is or hereafter becomes a Member of any specialized agency of the United Nations, or which is or hereafter becomes a Party to the Statute of the International Court of Justice, or any other State to be invited by the General Assembly of the United Nations.

In Art. 38 of the Statute of the International Court of Justice is noted.

The Charter of the United Nations adopted at the conference consists of a preamble and 19 chapters: 1) Purposes and principles; 2) Members of the organization; 3) Organs; 4) General Assembly; 5) Security Council; 6) peaceful resolution disputes; 7) Actions regarding threats to the peace, violations of the peace and acts of aggression; 8) Regional agreements; 9) International economic and social cooperation; 10) Economic and Social Council; 11) Declaration regarding Non-Self-Governing Territories; 12) International system guardianship; 13) Board of Trustees; 14) International Court; 15) Secretariat; 16) Miscellaneous regulations; 17) Security measures during the transition period; 18) Amendments; 19) Ratification and signing. The statute of the International Court of Justice is attached to the Charter as an integral part of it.

The International Court of Justice operates on the basis of the UN Charter and the Statute of the International Court of Justice, which is an integral part of the Charter. Non-member states of the UN may also participate in the Statute of the International Court of Justice under conditions determined in each individual case by the General Assembly on the recommendation of the Security Council.

This Convention shall be open for signature on behalf of the Member States of the Bank. It is also open for signature on behalf of any other state which is a party to the Statute of the International Court of Justice and which the Governing Body, by a vote of two-thirds of its members, has invited to sign this Convention.

Implemented in accordance with the UN Convention on maritime law 1982 (entered into force on November 16, 1994), by agreement between the States concerned on the basis of international law, as defined in Art. 38 of the Statute of the International Court of Justice, in order to reach a just solution.

The competence of the Security Council also includes the development of plans for the creation of a system of arms regulation; identification of strategic trust areas and implementation of UN functions in relation to them. The Security Council makes recommendations to the General Assembly on the admission of new members of the UN, on the suspension of the rights and privileges of members of the Organization, on exclusion from the UN, on the conditions under which states that are not members of the UN may become parties to the statute of the International Court of Justice, on the appointment of a Secretary General . Without these recommendations, the General Assembly cannot take an appropriate decision. The Security Council participates (in parallel with the General Assembly) in the election of members of the International Court of Justice.

It establishes in a binding form the basic principles and norms of behavior of states on the world stage and emphasizes that states must strictly observe the principles of the prohibition of the use of force and the threat of force, the peaceful settlement of international disputes, non-interference in internal affairs, sovereign equality states, good faith international obligations etc. Inalienable component Charter - the Statute of the International Court of Justice.

Submitting to the jurisdiction of an international body therefore requires the express consent of the State concerned. So, according to Art. 36 of the Statute of the International Court of Justice, states may (but are not required to) declare that they are bound by the jurisdiction of the International Court of Justice. The vast majority of states have not yet recognized its compulsory jurisdiction.

International Court

Chapter I: Organization of the Court (Articles 2-33)
Chapter II: Competence of the Court (Articles 34-38)
Chapter III: Legal proceedings (Articles 39-64)
Chapter IV: Advisory Opinions (Articles 65-68)
Chapter V: Amendments (Articles 69-70)

The International Court of Justice, established by the Charter of the United Nations as the principal judicial organ of the United Nations, shall be constituted and operate in accordance with the following provisions of this Statute.

CHAPTER I: Organization of the Court

The Court is composed of a panel of independent judges, chosen, whatever their nationality, from among persons of high moral character who meet the qualifications of their respective countries for appointment to the highest judicial office or who are jurists of recognized authority in the field of international law.

1. The Court consists of fifteen members, and it cannot include two citizens of the same state.

2. A person who may be considered, for the purposes of the composition of the Court, as a national of more than one State shall be deemed to be a national of the State in which he ordinarily enjoys his civil and political rights.

1. The members of the Court shall be elected by the General Assembly and the Security Council from among the persons entered on the list at the proposal of the national groups of the Permanent Court of Arbitration, in accordance with the following provisions.

2. With regard to Members of the United Nations not represented on the Permanent Court of Arbitration, candidates shall be nominated by national groups designated for that purpose by their governments, subject to the conditions laid down for members of the Permanent Court of Arbitration by Article 44 of the Hague Convention of 1907 for the Peaceful Settlement of International collisions.

3. The conditions under which a State Party to this Statute but not a member of the United Nations may participate in the election of the members of the Court shall be determined, in the absence of special agreement, by the General Assembly on the recommendation of the Security Council.

1. Not later than three months before election day General Secretary The United Nations shall address in writing to the members of the Permanent Court of Arbitration belonging to the States Parties to this Statute and to the members of the national groups designated under Article 4, paragraph 2, a proposal in writing that each national group nominate, within a specified period, candidates able to assume the duties of members of the Court.

2. No group may nominate more than four candidates, with no more than two candidates being nationals of the State represented by the group. The number of candidates nominated by a group may in no case exceed more than twice the number of seats to be filled.

It is recommended that each group, prior to the nomination of candidates, seek the opinion of the highest judicial institutions, law faculties, law schools educational institutions and academies of their country, as well as national branches of international academies engaged in the study of law.

1. The Secretary General draws up in alphabetical order a list of all persons whose candidatures have been nominated. Except in the case provided for in paragraph 2 of Article 12, only persons included in this list may be elected.

2. The Secretary General shall submit this list to the General Assembly and the Security Council.

The General Assembly and the Security Council shall proceed to the election of the members of the Court independently of each other.

When electing, the voters should keep in mind that not only each individual elected must meet all the requirements, but the entire composition of judges as a whole must ensure the representation of the main forms of civilization and the main legal systems peace.

1. Candidates who receive an absolute majority of votes in both the General Assembly and the Security Council are considered elected.

2. Any vote in the Security Council, whether for the election of judges or for the appointment of members of the conciliation commission provided for in Article 12, shall be taken without any distinction between permanent and non-permanent members of the Security Council.

3. In the event that an absolute majority of votes were given both in the General Assembly and in the Security Council for more than one citizen of the same state, only the eldest in age is considered elected.

If, after the first meeting called for elections, one or more seats are left unfilled, a second and, if necessary, a third meeting will be held.

1. If, after the third meeting, one or more places are not filled, then at any time, upon request or General Assembly or the Security Council, a conciliation commission consisting of six members, three appointed by the General Assembly and three appointed by the Security Council, may be convened to elect, by an absolute majority of votes, one person for each still vacant seat and submit his candidature to the discretion of the General Assembly and the Security Council .

2. If the conciliation commission unanimously decides on the candidature of a person who satisfies the requirements, his name may be included in the list, even though he was not included in the lists of candidates provided for in Article 7.

3. If the conciliation commission is satisfied that elections cannot take place, then the members of the Court, already elected, shall proceed, within a time limit to be determined by the Security Council, to complete free places by electing the members of the Court from among candidates voted for either in the General Assembly or in the Security Council.

1. The members of the Court shall be elected for nine years and may be re-elected, provided, however, that the terms of office of five judges of the first composition of the Court shall expire in three years and the terms of office of another five judges in six years.

2. The Secretary General shall immediately after the close of the first election determine by lot which of the judges shall be deemed to have been elected for the above initial terms of three years and six years.

3. Members of the Court shall continue to exercise their office until their seats are filled. Even after replacement, they are obliged to finish the work they have begun.

4. If a member of the Court submits a letter of resignation, the letter of resignation shall be addressed to the President of the Court for transmission to the Secretary General. upon receipt latest statements the position is considered vacant.

Vacancies that have become vacant shall be filled in the same manner as for the first election, subject to the following rule: within one month of the opening of a vacancy, the Secretary-General shall proceed to send out the invitations provided for in Article 5, and the day of the election shall be fixed by the Security Council.

A member of the Court elected to replace a member whose term of office has not yet expired shall remain in office until the expiration of the term of his predecessor.

1. Members of the Court may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature.

2. Doubts on this issue are resolved by the ruling of the Court.

1. No member of the Court may act as a representative, attorney or advocate in any case.

2. No member of the Court may participate in the decision of any case in which he has previously participated as a representative, attorney or lawyer of one of the parties, or as a member of a national or international court, commission of inquiry or in any other capacity.

3. Doubts on this issue are resolved by the ruling of the Court.

1. A member of the Court shall not be removed from office unless, in the unanimous opinion of the other members, he no longer satisfies the requirements.

2. The Secretary General shall be formally notified of this by the Registrar of the Court.

3. Upon receipt of this notice, the seat is considered vacant.

Members of the Court, in the performance of their judicial duties, shall enjoy diplomatic privileges and immunities.

Each member of the Court shall, before assuming office, make a solemn declaration in open session of the Court that he will discharge his office impartially and in good faith.

1. The Court shall elect a President and Vice-President for three years. They may be re-elected.

2. The Court shall appoint its own Registrar and may arrange for the appointment of such other officials which may be necessary.

1. The seat of the Court shall be The Hague. This shall not, however, prevent the Court from sitting and exercising its functions elsewhere in all cases in which the Court deems it desirable.

2. The President and the Registrar of the Court must reside at the seat of the Court.

1. The Court sits permanently, with the exception of judicial vacancies, the terms and duration of which are established by the Court.

2. Members of the Court shall be entitled to periodic leave, the time and duration of which shall be determined by the Court, taking into account the distance from The Hague to the permanent residence of each judge in his home country.

3. Members of the Court shall be at the disposal of the Court at all times, except when on vacation and absent due to illness or other serious reasons duly explained to the President.

1. If, for any special reason, a member of the Court considers that he should not take part in the decision of a particular case, he shall inform the President thereof.

2. If the President finds that any member of the Court should not, for any special reason, sit in a session on a particular case, he shall warn him of this.

3. If in this case a disagreement arises between a member of the Court and the President, it shall be resolved by a ruling of the Court.

1. Except as otherwise specifically provided for in this Statute, the Court shall sit in its entirety.

2. Provided that the number of judges available to form the Court is not less than eleven, the Rules of Court may provide that one or more judges may, as the case may be, be exempted in turn from sitting.

3. A quorum of nine judges is sufficient to form a judicial presence.

1. The Court may, as the need arises, form one or more chambers, composed of three or more judges, as the Court may deem appropriate, to deal with certain categories of cases, such as labor cases and cases relating to transit and communications.

2. The court may at any time form a chamber to hear a particular case. The number of judges forming such a chamber shall be determined by the Court with the approval of the parties.

3. Cases shall be heard and decided by the chambers provided for in this article, if the parties so request.

A decision given by one of the Chambers provided for in Articles 26 and 29 shall be deemed to have been given by the Court itself.

The Chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions in places other than The Hague.

In order to expedite the resolution of cases, the Court annually establishes a chamber of five judges, which, at the request of the parties, may consider and decide cases by summary procedure. Two additional judges are assigned to replace judges who recognize it is impossible for them to take part in the sessions.

1. The Court draws up the Rules, which determine the procedure for the performance of its functions. The court, in particular, establishes the rules of legal proceedings.

2. The Rules of Procedure of the Court may provide for participation in the sittings of the Court or its Chambers of Assessors without the right to a decisive vote.

1. Judges who are nationals of either party shall retain the right to sit in hearings on a case before the Court.

2. If there is a judge who is a national of one of the parties in the court presence, any other party may elect a person of his choice to participate in the presence as a judge. This person shall be elected predominantly from among those nominated as candidates, in the manner provided for in Articles 4 and 5.

3. If there is not a single judge in the court presence who is the nationality of the parties, then each of these parties may elect a judge in the manner prescribed in paragraph 2 of this article.

4. The provisions of this Article shall apply to the cases provided for in Articles 26 and 29. In such cases, the President shall request one or, if necessary, two Members of the Court from the Chamber to yield their seat to Members of the Court of the nationality of the parties concerned, or, in the absence of as such, or failing to attend, to judges specially chosen by the parties.

5. If several parties have a common interest, they are, as far as the application of the previous provisions is concerned, considered as one party. In case of doubt on this issue, they are resolved by a ruling of the Court.

6. Judges elected as set out in paragraphs 2, 3 and 4 of this article must satisfy the conditions required by article 2 and paragraph 2 of article 17 and articles 20 and 24 of this Statute. They are involved in decision making equal rights with their colleagues.

1. Members of the Court receive an annual salary.

2. The chairman receives a special annual increase.

3. The Vice-Chairman shall receive a special allowance for each day he is acting as Chairman.

4. Judges elected under Article 31 who are not members of the Court shall receive remuneration for each day they perform their functions.

5. These salaries, allowances and remunerations shall be fixed by the General Assembly. They cannot be reduced during the service life.

6. The salary of the Registrar of the Court shall be fixed by the General Assembly on the proposal of the Court.

7. Rules laid down by the General Assembly shall determine the conditions under which members of the Court and the Registrar of the Court shall be awarded retirement pensions, as well as the conditions under which members and the Registrar of the Court shall be reimbursed for their travel expenses.

8. The above salaries, bonuses and remuneration are exempt from any taxation.

The United Nations shall bear the expenses of the Court in a manner determined by the General Assembly.

CHAPTER II: Competence of the Court

1. Only states can be parties to cases before the Court.

2. Subject to and in accordance with its Rules, the Court may request from public international organizations information relating to cases before it, as well as receive such information supplied by said organizations on their own initiative.

3. When, in a case before the Court, it is required to interpret the constituent instrument of a public international organization or an international convention concluded by virtue of such instrument, the Registrar of the Court shall notify the public international organization in question and transmit to it copies of the entire written proceedings.

1. The Court is open to States that are parties to this Statute.

2. The conditions under which the Court is open to other States shall be determined by the Security Council, subject to the special provisions contained in the treaties in force; these conditions can in no way place the parties in an unequal position before the Court.

3. When a State which is not a Member of the United Nations is a party to a case, the Court shall determine the amount to be paid by that party towards the expenses of the Court. This ruling does not apply if the State in question already contributes to the expenses of the Court.

1. The jurisdiction of the Court shall include all cases referred to it by the parties and all matters expressly provided for in the Charter of the United Nations or in existing treaties and conventions.

2. The States Parties to this Statute may at any time declare that they recognize, without special agreement to that effect, ipso facto, in respect of any other State which has accepted the same undertaking, the jurisdiction of the Court as compulsory in all legal disputes concerning:

a) interpretation of the contract;

b) any question of international law;

c) the existence of a fact which, if established, would constitute a breach of an international obligation;

d) the nature and extent of the compensation due for the breach of an international obligation.

3. The above declarations may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.

4. Such declarations shall be deposited with the Secretary General, who shall transmit copies thereof to the Parties to this Statute and to the Registrar of the Court.

5. Declarations made under Article 36 of the Statute of the Permanent Court International Justice which continue to be in force shall be deemed, as between the Parties to this Statute, as their acceptance of the jurisdiction of the International Court of Justice for themselves, for the unexpired period of these declarations and in accordance with the conditions set forth therein.

6. In the event of a dispute about the jurisdiction of the case to the Court, the issue is resolved by a ruling of the Court.

Whenever a treaty or convention in force provides for the referral of a case to a Court to be established by the League of Nations, or to the Permanent Court of International Justice, the case between the Parties to this Statute shall be referred to the International Court of Justice.

1. The Court, which is obliged to decide disputes submitted to it on the basis of international law, applies:

a) international conventions, both general and specific, laying down rules expressly recognized by the contending states;

b) international custom as evidence of a general practice accepted as law;

c) the general principles of law recognized by civilized nations;

d) Subject to the reservation referred to in Article 59, the judgments and doctrines of the most qualified publicists of the various nations, as an aid to the determination of legal norms.

2. This ruling does not limit the power of the Court to decide ex aequo et bono if the parties so agree.

CHAPTER III: Legal proceedings

1. official languages The ships are French and English. If the parties agree to proceed with the case French, the decision shall be made in French. If the parties agree to conduct the case in English, then the decision is made in English.

2. In the absence of an agreement as to which language will be used, each party may use the language of its preference in adjudication; the decision of the Court is rendered in French or English. In this case, the Court simultaneously determines which of the two texts is considered authentic.

3. The Court shall, at the request of any party, grant it the right to use a language other than French and English.

1. Cases are brought before the Court, as the case may be, either by notification of a special agreement or by written application addressed to the Registrar. In both cases, the subject of the dispute and the parties must be indicated.

2. The Secretary immediately communicates the application to all interested persons.

3. He shall also notify the Members of the United Nations, through the Secretary General, as well as other States entitled to have access to the Court.

1. The Court shall have the power to indicate, if in its opinion the circumstances so require, any provisional measures to be taken to secure the rights of each of the parties.

2. Pending the conclusion of the decision, the communication on the proposed measures shall immediately be brought to the attention of the parties and the Security Council.

1. The parties act through representatives.

2. They may have the assistance of attorneys or lawyers in the Court.

3. Representatives, attorneys and advocates representing parties to the Court shall enjoy the privileges and immunities necessary for the independent performance of their duties.

1. Legal proceedings consist of two parts: written and oral proceedings.

2. Written proceedings consist of communication to the Court and the parties of memorandums, counter-memorials and, if necessary, answers to them, as well as all papers and documents confirming them.

3. These communications shall be made through the Registrar, in the manner and within the time limits fixed by the Court.

4. Any document presented by one of the parties must be communicated to the other in a certified copy.

5. Oral proceedings consist of the hearing by the Court of witnesses, experts, representatives, attorneys and lawyers.

1. For the delivery of all notices to persons other than representatives, solicitors and lawyers, the Court shall apply directly to the government of the state in whose territory the notice is to be served.

2. The same rule applies in cases where it is necessary to take steps to obtain evidence on the spot.

The hearing of the case shall be presided over by the President or, if he is unable to preside, by the Vice-President; if neither is able to preside, the senior judge present presides.

A hearing before the Court shall be held in public, unless the Court decides otherwise or unless the parties request that the public not be admitted.

1. Minutes are kept of each court session, signed by the Secretary and the Chairman.

2. Only this protocol is authentic.

The court orders the direction of the case, determines the forms and time limits in which each party must finally present its arguments, and takes all measures related to the collection of evidence.

The Court may, even before the commencement of the hearing, require representatives to produce any document or explanation. In case of refusal, an act is drawn up.

The Court may at any time entrust the conduct of an investigation or expert examination to any person, collegium, bureau, commission or other organization of its choice.

At the hearing of the case, all relevant questions are put before the witnesses and experts, subject to the conditions determined by the Court in the Rules referred to in Article 30.

Upon receipt of the evidence within the time limits set for this, the Court may refuse to admit all further oral and written evidence that one of the parties would like to present without the consent of the other.

1. If one of the parties does not appear before the Court or does not present his arguments, the other party may ask the Court to decide the case in his favor.

2. The Court must, before granting this application, ascertain not only whether it has jurisdiction in the case under Articles 36 and 37, but also whether the claim has sufficient factual and legal grounds.

1. When representatives, lawyers and solicitors, under the guidance of the Court, have completed their explanations of the case, the President shall declare the hearing closed.

2. The court retires to discuss the decisions.

3. The deliberations of the Court shall take place in closed session and shall be kept secret.

1. The decision must state the reasons on which it is based.

2. The decision contains the names of the judges who participated in its adoption.

If the decision, in whole or in part, does not express the unanimous opinion of the judges, then each judge has the right to present his dissenting opinion.

The decision is signed by the President and the Registrar of the Court. It shall be announced in open session of the Court after due notification of the representatives of the parties.

The decision of the Court is binding only on the parties involved in the case and only in this case.

The decision is final and not subject to appeal. In the event of a dispute as to the meaning or scope of the decision, the Court shall interpret it at the request of either party.

1. A request for a review of a decision may be made only on the basis of newly discovered circumstances which, by their nature, may have a decisive influence on the outcome of the case and which, at the time of the decision, were not known to either the Court or the party requesting the review, subject to the indispensable condition that such ignorance was not due to negligence.

2. The proceedings for reconsideration are opened by a ruling of the Court, which expressly establishes the existence of a new circumstance, recognizing the nature of the latter as giving rise to a retrial, and announces the acceptance, therefore, of the request for reconsideration.

3. The court may require that the conditions of the judgment be met before it opens retrial proceedings.

4. The request for review must be made before the expiration of the six-month period after the discovery of new circumstances.

5. No request for review may be made after ten years have elapsed from the date of the decision.

1. If a State considers that any of its interests of a legal nature may be affected by a decision in a case, that State may apply to the Court for leave to intervene.

2. The decision on such a request belongs to the Court.

1. If a question arises as to the interpretation of a convention in which, in addition to the parties concerned, other states also participate, the Registrar of the Court shall immediately notify all these states.

2. Each of the States so notified shall have the right to intervene, and if it avails itself of this right, the interpretation contained in the decision is equally binding on it.

Unless otherwise determined by the Court, each party shall bear its own legal costs.

CHAPTER IV: Advisory Opinions

1. The Court may give advisory opinions on any legal question at the request of any institution empowered to make such requests by or under the Charter of the United Nations.

2. Matters on which the advisory opinion of the Court is sought shall be submitted to the Court in a written statement containing an exact statement of the matter on which the opinion is required; all documents that may serve to clarify the issue are attached to it.

1. The Registrar of the Court shall forthwith communicate the application containing the request for an advisory opinion to all States entitled to have access to the Court.

2. In addition, the Registrar of the Court shall, by special and express notification, notify any State having access to the Court, as well as any international organization which may, in the opinion of the Court (or its President if the Court is not in session), give information on this issue that the Court is prepared to accept, within a time limit to be fixed by the President, written reports relating to the question or to hear similar oral reports at a public meeting appointed for that purpose.

3. If such State, which has the right of access to the Court, does not receive the special notice referred to in paragraph 2 of this Article, it may wish to submit a written report or be heard; The court decides on this matter.

4. States and organizations which have submitted written or oral reports, or both, shall be admitted to the discussion of reports made by other States or organizations in the forms, limits and time limits fixed in each case by the Court or, if it is not sitting , President of the Court. For this purpose, the Registrar of the Court shall communicate, in due course, all such written reports to States and organizations which themselves have submitted such reports.

The Court delivers its advisory opinions in open session, of which the Secretary-General and representatives of the members of the United Nations directly concerned, other states and international organizations are warned.

In the exercise of its advisory functions, the Court shall, in addition to that, be guided by the provisions of this Statute relating to disputed cases, insofar as the Court finds them applicable.

CHAPTER V: Amendments

This Statute shall be amended in the same manner as provided for by the Charter of the United Nations for amendments to that Charter, subject, however, to all rules which may be laid down by the General Assembly on the recommendation of the Security Council concerning the participation of States which are not Members of the United Nations but which are members of the Statute.

The Court shall have the power to propose such amendments to this Statute as it deems necessary by communicating them in writing to the Secretary General for further consideration in accordance with the rules set forth in Article 69.

Article 4

Article 5

1. Not later than three months before election day, the Secretary-General of the United Nations shall address the members of the Permanent Court of Arbitration belonging to States Parties to this Statute and the members of national groups designated under Article 4, paragraph 2, proposing in writing that that each national group should nominate, within a certain period of time, candidates who may assume the office of members of the Court.

Article 6

It is recommended that each group seek the opinion of the highest courts, law schools, law schools and academies in their country, as well as national branches of international academies engaged in the study of law, before nominating candidates.

Article 7

1. The Secretary General shall draw up, in alphabetical order, a list of all persons whose nominations have been made. Except in the case provided for in paragraph 2 of Article 12, only persons included in this list may be elected.

2. The Secretary General shall submit this list to the General Assembly and the Security Council.

Article 8

The General Assembly and the Security Council shall proceed to the election of the members of the Court independently of each other.

Article 9

When electing, the electors should bear in mind that not only each individual elected must satisfy all the requirements, but the entire composition of judges as a whole must ensure the representation of the main forms of civilization and the main legal systems of the world.

Article 10

1. Candidates who receive an absolute majority of votes in both the General Assembly and the Security Council are considered elected.

Article 11

If, after the first meeting called for elections, one or more seats are left unfilled, a second and, if necessary, a third meeting will be held.

Article 12

1. If, after the third meeting, one or more seats remain unfilled, then at any time, at the request of either the General Assembly or the Security Council, a conciliation commission may be convened, consisting of six members: three appointed by the General Assembly and three appointed by the Security Council, to elect, by an absolute majority of votes, one person for each seat still vacant, and to submit his candidature to the discretion of the General Assembly and the Security Council.

3. If the conciliation commission is satisfied that elections cannot take place, then the members of the Court already elected shall proceed, within a time period to be determined by the Security Council, to fill the vacant seats by electing the members of the Court from among the candidates for whom votes have been cast either in the General Assembly or in the Security Council.

Article 13

3. Members of the Court shall continue to exercise their office until their seats are filled. Even after replacement, they are obliged to finish the work they have begun.

4. If a member of the Court submits a letter of resignation, the letter of resignation shall be addressed to the President of the Court for transmission to the Secretary General. Upon receipt of the last application, the place is considered vacant.

Article 14

Article 15

A member of the Court elected to replace a member whose term of office has not yet expired shall remain in office until the expiration of the term of his predecessor.

Article 16

1. Members of the Court may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature.

2. Doubts on this issue are resolved by the ruling of the Court.

Article 17

1. No member of the Court may act as a representative, attorney or advocate in any case.

3. Doubts on this issue are resolved by the ruling of the Court.

Article 18

1. A member of the Court shall not be removed from office unless, in the unanimous opinion of the other members, he no longer satisfies the requirements.

2. The Secretary General shall be formally notified of this by the Registrar of the Court.

3. Upon receipt of this notice, the seat is considered vacant.

Article 19

Members of the Court, in the performance of their judicial duties, shall enjoy diplomatic privileges and immunities.

Article 20

Each member of the Court shall, before assuming office, make a solemn declaration in open session of the Court that he will discharge his office impartially and in good faith.

Article 21

1. The Court shall elect a President and Vice-President for three years. They may be re-elected.

2. The Court shall appoint its own Registrar and may arrange for the appointment of such other officers as may be necessary.

Article 22

1. The seat of the Court shall be The Hague. This shall not, however, prevent the Court from sitting and exercising its functions elsewhere in all cases in which the Court deems it desirable.

2. The President and the Registrar of the Court must reside at the seat of the Court.

Article 23

1. The Court sits permanently, except for judicial vacancies, the terms and duration of which are established by the Court.

3. Members of the Court shall be at the disposal of the Court at all times, except when on vacation and absent due to illness or other serious reasons duly explained to the President.

Article 24

1. If, for any special reason, a member of the Court considers that he should not take part in the decision of a particular case, he shall inform the President thereof.

2. If the President finds that any of the members of the Court should not, for any special reason, take part in the sitting of a particular case, he shall warn him of this.

3. If in this case a disagreement arises between a member of the Court and the President, it shall be resolved by a ruling of the Court.

Article 25

1. Except as otherwise specifically provided for in this Statute, the Court shall sit in its entirety.

3. A quorum of nine judges is sufficient to form a judicial presence.

Article 26

1. The Court may, as the need arises, form one or more chambers, composed of three or more judges, at the discretion of the Court, to deal with certain categories of cases, such as labor cases and cases relating to transit and communications.

2. The court may at any time form a chamber to hear a particular case. The number of judges forming such a chamber shall be determined by the Court with the approval of the parties.

3. Cases shall be heard and decided by the chambers provided for in this article, if the parties so request.

Article 27

A decision given by one of the Chambers provided for in Articles 26 and 29 shall be deemed to have been given by the Court itself.

Article 28

The Chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions in places other than The Hague.

Article 29

Article 30

1. The Court draws up the Rules, which determine the procedure for the performance of its functions. The court, in particular, establishes the rules of legal proceedings.

2. The Rules of Procedure of the Court may provide for participation in the sittings of the Court or its Chambers of Assessors without the right to a decisive vote.

Article 31

1. Judges who are nationals of either party shall retain the right to sit in hearings on a case before the Court.

3. If there is not a single judge in the court presence who is the nationality of the parties, then each of these parties may elect a judge in the manner prescribed in paragraph 2 of this article.

5. If several parties have a common question, they, in so far as it concerns the application of the previous provisions, are considered as one party. In case of doubt on this issue, they are resolved by a ruling of the Court.

6. Judges elected as set out in paragraphs 2, 3 and 4 of this article must satisfy the conditions required by article 2 and paragraph 2 of article 17 and articles 20 and 24 of this Statute. They participate in decision-making on equal terms with their colleagues.

Article 32

1. Members of the Court receive an annual salary.

2. The chairman receives a special annual increase.

3. The Vice-Chairman shall receive a special allowance for each day he is acting as Chairman.

4. Judges elected under Article 31 who are not members of the Court shall receive remuneration for each day they perform their functions.

5. These salaries, allowances and remunerations shall be fixed by the General Assembly. They cannot be reduced during the service life.

6. The salary of the Registrar of the Court shall be fixed by the General Assembly on the proposal of the Court.

8. The above salaries, bonuses and remuneration are exempt from any taxation.

Article 33

The United Nations shall bear the expenses of the Court in a manner determined by the General Assembly.

Chapter II Competence of the Court

Article 34

1. Only states can be parties to cases before the Court.

2. Under the terms of and in accordance with its Rules, the Court may request from public international organizations information relating to cases before it, as well as receive such information submitted by these organizations on their own initiative.

Article 35

1. The Court is open to States that are parties to this Statute.

Article 36

a) interpretation of the contract;

b) any question of international law;

d) the nature and extent of the compensation due for the breach of an international obligation.

3. The above declarations may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.

4. Such declarations shall be deposited with the Secretary General, who shall transmit copies thereof to the Parties to this Statute and to the Registrar of the Court.

5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice which continue in force shall be deemed, as between the Parties to this Statute, as their acceptance of the jurisdiction of the International Court of Justice for themselves, for the unexpired period of such declarations and subject to the conditions in them outlined.

6. In the event of a dispute about the jurisdiction of the case to the Court, the issue is resolved by a ruling of the Court.

Article 37

Article 38

1. The Court, which is obliged to decide disputes submitted to it on the basis of international law, applies:

a) international conventions, both general and specific, laying down rules expressly recognized by the contending states;

b) international custom as evidence of a general practice accepted as law;

c) the general principles of law recognized by civilized nations;

d) Subject to the reservation referred to in Article 59, the judgments and doctrines of the most qualified publicists of the various nations, as an aid to the determination of legal norms.

2. This ruling does not limit the power of the Court to decide ex aequo et bono if the parties so agree.

Chapter III Judicial Proceedings

Article 39

1. The official languages of the Court are French and English. If the parties agree to conduct the case in French, the decision shall be made in French. If the parties agree to conduct the case in English, then the decision is made in English.

2. In the absence of an agreement as to which language will be used, each party may use the language of its preference in adjudication; the decision of the Court is rendered in French and English. In this case, the Court simultaneously determines which of the two texts is considered authentic.

3. The Court shall, at the request of any party, grant it the right to use a language other than French and English.

Article 40

2. The Secretary immediately communicates the application to all interested persons.

3. He shall also notify the Members of the United Nations, through the Secretary General, as well as other States entitled to have access to the Court.

Article 41

1. The Court shall have the power to indicate, if in its opinion the circumstances so require, any provisional measures to be taken to secure the rights of each of the parties.

2. Pending a final decision, the proposed measures shall be immediately communicated to the parties and to the Security Council.

Article 42

1. The parties act through representatives.

2. They may have the assistance of attorneys or lawyers in the Court.

3. Representatives, attorneys and advocates representing parties to the Court shall enjoy the privileges and immunities necessary for the independent performance of their duties.

Article 43

1. Legal proceedings consist of two parts: written and oral proceedings.

2. Written proceedings consist of communication to the Court and the parties of memorandums, counter-memorials and, if necessary, answers to them, as well as all papers and documents confirming them.

3. These communications shall be made through the Registrar, in the manner and within the time limits fixed by the Court.

4. Any document presented by one of the parties must be communicated to the other in a certified copy.

5. Oral proceedings consist of the hearing by the Court of witnesses, experts, representatives, attorneys and lawyers.

Article 44

2. The same rule applies in cases where it is necessary to take steps to obtain evidence on the spot.

Article 45

The hearing of the case shall be presided over by the President or, if he is unable to preside, by the Vice-President; if neither is able to preside, the senior judge present presides.

Article 46

A hearing before the Court shall be held in public, unless the Court decides otherwise or unless the parties request that the public not be admitted.

Article 47

1. Minutes are kept of each court session, signed by the Secretary and the Chairman.

2. Only this protocol is authentic.

Article 48

1. The Court orders the direction of the case, determines the forms and time limits in which each party must finally present its arguments, and takes all measures related to the collection of evidence.

Article 49

The Court may, even before the commencement of the hearing, require representatives to produce any document or explanation. In case of refusal, an act is drawn up.

Article 50

The Court may at any time entrust the conduct of an investigation or expert examination to any person, collegium, bureau, commission or other organization of its choice.

Article 51

At the hearing of the case, all relevant questions are put before the witnesses and experts, subject to the conditions determined by the Court in the Rules referred to in Article 30.

Article 52

Article 53

1. If one of the parties does not appear before the Court or does not present his arguments, the other party may ask the Court to decide the case in his favor. The decision must state the considerations on which it is based.

3. The court may require that the conditions of the judgment be met before it opens retrial proceedings.

4. The request for review must be made before the expiration of the six-month period after the discovery of new circumstances.

5. No request for review may be made after ten years have elapsed from the date of the decision.

Article 62

1. If a State considers that a decision in a case may affect any of its interests of a legal nature, that State may apply to the Court for leave to intervene. Charter United Nations or under this Charter.

Article 66

1. The Registrar of the Court shall forthwith communicate the application containing the request for an advisory opinion to all States entitled to have access to the Court.

2. In addition, the Registrar of the Court shall, by special and express notice, inform any State having access to the Court, as well as any international organization which may, in the opinion of the Court (or its President if the Court is not sitting), give information on the matter that The Court is prepared to accept, within a time limit to be determined by the President, written reports relating to the matter or to hear similar oral reports at a public meeting appointed for that purpose.

Article 67

The Court delivers its advisory opinions in open session, of which the Secretary-General and representatives of the Members of the United Nations directly concerned, other states and international organizations are notified.

(signatures)

These acts must meet the requirements of normative education.

Along with the above sources of international law, there is the concept of "soft law", which includes acts of a recommendatory nature or program guidelines. international bodies and organizations, first of all, this refers to the acts (resolutions) of the UN General Assembly.

Article 38 of the Statute of the International Court of Justice contains a list of sources of international law on the basis of which the Court must resolve disputes. These include:

international conventions, both general and specific, laying down rules expressly recognized by the contending states;
international custom as proof of a general practice accepted as law;
general principles of law recognized by civilized nations;
the judgments and doctrines of the most qualified publicists of the various nations as an aid to the determination of legal norms.

An international treaty is an agreement between states or other subjects of international law, concluded in writing, containing the mutual rights and obligations of the parties, regardless of whether they are contained in one or more documents, and also regardless of its specific name.

International custom is evidence of a general practice recognized as a legal norm (Article 38 of the Statute of the International Court of Justice of the United Nations). International custom becomes a source of law as a result of long-term repetition, that is, stable practice is the traditional basis for recognizing custom as a source of law. Perhaps the formation of a custom in a short period of time.

As there international conferences can be attributed to the treaty as the result of the activities of the conference, created specifically for the development of an international treaty of states, which was ratified and put into effect.

Acts of international organizations include acts of the UN General Assembly.

The sources of public international law are those external forms in which this right is expressed.

It is generally accepted that the sources of modern international law are listed in paragraph 1 of Article 38 of the Statute of the International Court of Justice, which states:

The Court, which is obliged to decide disputes submitted to it on the basis of international law, applies:

a) international conventions, both general and specific, laying down rules expressly recognized by the contending states;

b) international custom as evidence of a general practice accepted as law;

c) the general principles of law recognized by civilized nations;

d) Subject to the reservation referred to in Article 59, the judgments and doctrines of the most qualified publicists of the various nations, as an aid to the determination of legal norms.

Thus, the sources of international law are:

Basic (primary):

international treaty

international custom

general principles of law

There is no clear hierarchy between the main sources. On the one hand, international treaties are easier to interpret and apply. On the other hand, the norms of treaties are valid only in relation to the states-participants, while the international legal custom is obligatory for all subjects of international law.

Auxiliary (secondary):

judgments

legal doctrine

Statute of the International Court of Justice and sources of international law.

international court of justice(one of the six principal organs of the United Nations, established by the UN Charter to achieve one of the main purposes of the UN "to conduct by peaceful means, in accordance with the principles of justice and international law, the settlement or settlement of international disputes or situations that may lead to a breach of peace."

The Court operates in accordance with the Statute, which is part of the UN Charter, and its Rules.

The International Court of Justice is composed of 15 independent judges, elected regardless of their nationality, from among persons of high moral character who meet the requirements of their countries for appointment to the highest judicial offices or who are jurists of recognized authority in the field of international law.

The International Court of Justice is called upon to become one of the key components in the strategy for the peaceful resolution of disputes and disagreements between states and the maintenance of law and order in the world.

The Court is served by the Registry, its administrative body. The official languages are English and French.

The Court is the only one of the six principal organs of the UN located outside of New York.

Advisory Opinions

In addition to the judiciary, the International Court of Justice performs an advisory function. Under Article 96 of the UN Charter, the General Assembly or the Security Council may request advisory opinions from the International Court of Justice on any legal question. In addition, other UN organs and specialized agencies, which may at any time be authorized to do so by the General Assembly, may also seek advisory opinions from the Court. Sources of law applied by the Court

In considering the case and making decisions, the Court applies the sources of law, which are defined in article 38 of its Statute, namely

international conventions and treaties;

international custom;

general principles of law recognized by civilized nations;

judgments and doctrines of the most qualified specialists in international law.

In addition, if the parties to the dispute agree, the Court may decide the case on the basis of principle, that is, in fairness, without limiting itself to the current rules of international law.

on legal issues arising within their range of activities.

The Court has a dual function: to decide, in accordance with international law, legal disputes submitted to it by States, and to issue advisory opinions on legal questions. Under Article 96 of the UN Charter, the UN General Assembly or the UN Security Council may request advisory opinions from the International Court of Justice on any legal question.

In addition, other organs of the United Nations and the specialized agencies, which may at any time be authorized to do so by the General Assembly, may also seek advisory opinions from the Court on legal questions arising within the scope of their activities.

At present, 4 principal organs of the UN, 2 subsidiary organs of the General Assembly, 15 specialized agencies of the UN and the IAEA (a total of 22 organs) can request advisory opinions from the Court.

The average duration of a case in court is approximately 4 years.

The Statute provides that the Court may, as the need arises, establish one or more chambers (chambers), consisting of three or more judges, at the discretion of the Court, to deal with certain categories of cases, for example, labor cases and cases relating to transit and communications. It may, at any time, form a chamber to hear a particular case, the number of judges forming such a chamber being determined by the Court with the consent of the parties. A decision taken by one of the chambers is considered to be made by the Court itself. The Chambers, with the consent of the parties, may sit and exercise their functions in places other than The Hague. In order to expedite the resolution of cases, the Court annually establishes a chamber of five judges, which, at the request of the parties, may consider and decide cases by summary procedure. Two additional judges are assigned to replace judges who recognize it is impossible for them to take part in the sessions.

The average age of judges serving in 2000 was 66 years.

Judges are elected for a term of nine years, with the right of re-election, by the General Assembly and the UN Security Council, whose members have no veto power for election purposes. These bodies conduct voting simultaneously, but independently of each other.

To be elected, a candidate must receive an absolute majority of votes in both bodies. In order to ensure continuity in the composition of the Court, not all terms of office of the 15 judges expire at the same time. Elections are held every three years for one third of the members of the Court.

One of the main principles of forming the composition of the court is the principle of representation in the Court of the most important forms of civilization and the main legal systems of the world. Thus, the seats on the Court are informally distributed among the main regions of the world: three members from Africa, two members from Latin America, three members from Asia, five members from "Western Europe and other States" (this group includes Canada, the United States, Australia and New Zealand) and two members from Eastern Europe. At the same time, 5 seats of judges are informally assigned to the states-permanent members of the UN Security Council. The unofficial distribution of this distribution was revealed during the elections to the Court on 6 November 2008, when in the first round of voting in the General Assembly in the first round, two candidates from Asia and not one candidate from Africa received a majority of votes, despite the fact that there was one representative among the outgoing judges these regions.