PCA & PCIJ & ICJ

Question 1

Creation of the PCA

Answer 1

Founded in 1899 at the Hague peace conference.
The chief of the conference wants to discuss peace and disarmament.
Established at the very beginning of the 21st century and began operating immediately.

Question 2

Creation of the PCIJ

Answer 2

1922: judiciary organ of the league of nations.
Judges: should represent the main form of civilization. 14th September 1921: first elections.

Question 3

PCIJ & International Legal Proceedings

Answer 3

Permanently constituted body, governed by its own statute and rules of procedures
Permanent registry
The procedures were largely put public
Permanent tribunal: able to develop constant practice
Accessible to all states
Empowered to give advisory opinions

Question 4

Downfall of the PCIJ

Answer 4

Outbreak of the war in 1939.
The court refused to let the court survive, bc the league of nation failed and to keep the old court would send a bad image to the potential plaintifs.
Overall, there was a strong feeling that the PCIJ was a European court & they wanted the court to be more accessible to non European states.
Emphasized that a continuity should be observed and in SF they acknowledge that in general, the PCIJ was working more or less well.

Question 5

Creation of the ICJ

Answer 5

April 1946. The statute of the ICJ is divided into chapters → 5 chapters.
The court itself can amend its own statute.

Question 6

Functioning of the ICJ

Answer 6

Advisory opinions are not judgments but a mean for the UN organs to make the state obey by the resolution of the UN.
Judgments does not involve the International society and is more related to a bilateral issue that needed an arbitrator.

Question 7

Judges of the ICJ

Answer 7

The judges are elected by the member states of the UN.
There are 15 judges → elected 5 by 5 (every 3 years).
to be elected a candidate needs to receive a general approval from both the general assembly and the security council.
Each group can propose up to 4 candidates and within these 4 candidates, not more than 2 can hold the nationality of the state that proposed their name.
There cannot be more than 2 judges of the same nationality.
The GA & SC try their best to ensure faire representation of the continents.