unit 3 - ICJ

Question 1

history

Answer 1

• Result of a process of elaboration of methods for peace settlements in international disputes
  Article 33 of the Charter

Question 2

Origin of the arbitration:

Answer 2

• Treaty - US and Uk - 1874
  ○ Treaty of friendship, commerce and navigation
  ○ 3 mixed commissions
  ○ They function to some extent as courts
  ○ Did work weary well.
• Alabama claims arbitration 1872
  ○ Maybe a third party should be good to include, a mediator
  ○ Existence of a third party - neutral countries ○ USA , UK, (Brazil, Switzerland and Italy)
• third parties
  ○ Proposals for permeant tribunals
  ○ Will to make general rules, a guidance. A base to your claims
• 1899 Hauge Peace conference
  ○ Arbitration Courts
  ○ 1907 - established some rules of arbitration.
  International rules, what is ok what is not, crime etc.

Question 3

ICJ:

Answer 3

• Reactivate the court.
  
  • It is debated wheather to expand the jurisdiction or create a new Court
  • SF conference - need for new court determined
    ○ They decided to give continuity to the basis of the statue of the permanent international court of justice
    ○ 1946 - Frist session of the GA and security council, and the judges members of the courts were decided.
    ○ It was erode - not enough, no more credibility
    Create a new one - but maintain the statued of the permanent court ´. They agreed with the basis of the court but not everything - the principles.

Question 4

members:

Answer 4

• Nine year term,
• Elected by the GA and the Security council
• Can be elected again
• Vote at the same time but separated.
• Members are elected in threes

Court of arbitration is used for special things that have to do with commers and private international law. - each UN member has 4 judges - called whenever there is a issue that will need to be solved,
- You need to be on guard

• 5 of the judges will be form the permanent, 15 in total.
• Chose by moral quality, requirements
• Can not have more then 1 judge from the same country
• Candidates form all over the world - not the same region. Different civilisations
  You became a judge that is from “no where”.

Question 5

Chambers a committees

Answer 5

• Made up of judges - include the 15 judges t
• Chamber of summary procedures
• Chamber ad hoc
• Budget and administrative
• Rules committee
  Library committee (having the info you need to go forth with cases, be informed)