United Nations Flashcards
General Functions of International Court of Justice:
Dual Role:
- To settle in accordance with international law, the legal disputes submitted to it by the states
- To give advisory opinions on legal questions referred to it by duly authorized international organs and agencies.
Powers of International Court of Justice:
- Voluntary Jurisdiction
- Compulsory Jurisdiction
- Advisory Jurisdiction (opinions)
Other works of International Court of Justice:
- Sources of Applicable law
- Codification of International Law
- Evolving procedure for peaceful settlement of disputes
The parties of International Court of justice:
Only the member states may apply to and appear before the court.
The member states of UN are entitiled to appear and apply before International Court of Justice
Sources of Applicable law:
The court decides cases in accordance with the
- International Treaties and Conventions in force
- International Customs
- General Principles of law
Subsisidiary means:
1. Judicial teachings of the most highly qualifies publicists.
- Jurisidiction extends to:
a. Disputes pertaining to interpretation of international law
b. Reparation: Compensation to be made for the breach of an International obligation
Voluntary Jurisdicition:
The court is COMPETENT to entertain disputes if the states concerned agree to take the issue to it
Compulsory Jurisdiction:
- Against the background that a large number of treaties provide that disputes are submitted to the court.
- Jurisidiction extends to:
a. Disputes pertaining to interpretation of international law
b. Reparation: Compensation to be made for the breach of an International obligation
Advisory Opinions:
Open solely to international organizations.
Only bodies now are:
5 organs of UN
16 Specialized agencies of UN Family
Codification of International Law:
The court has played a significant role in the codification of international law
Examines:
- International Conventions and Customs
- Judicial decisions
- General principles of law
In the process of codification
Evolving procedures for peaceful settlement of disputes:
May recomment procedures of settlement during or at the end of the case.
It may recomment terms of settlement.
Decisions:
Decision of the court is made by majority of the judges present.
The effect of the jursidiction:
A member nation of the UN is obliged to comply with the decision of the court in any case to which it is party.
If any party fails to comply, the other party may take up the matter in security council.
Reasons for the establishment of UN
- Division of world into 2 power blocs
- Fear of the 3rd world war
- Destructive weapons
- Faulure of league of nations
- Disastrous world wars
Leaders of the allied governments
- President of US: Franklin. D. Roosevelt
2. Prime minister of British: Winston Churchil
Where and when was text for UN charter drafted?
June 1945
San Francisco Conference
How many of members signed the charter?
50 Participating nations
When did UN officially come into existence and HOw>?
October 24, 1945
when 29 countries including 5 permanent members of security council ratified the UN charter
United nations Day
October 24
Objective of UN is in
Article 1 of the Charter
4 Objectives of UN:
- To Maintain international peace and security
- To develop firendly realtions among nations
- To achieve international co-operation
- To be a centre for hormonizing the actions of nations
- To maintain international peace and security:
Suppress or prevention of any threats or breaches of peace
Suppress any acts of Aggression or other breeches of peace
2.To develop friendly relations among nations:
based on the respect for the principle of self determination and equal rights
- To Achieve international co-operation
In solving ___ propblems
Encouraging respect for the human rights and fundamental freedoms
- To be a centre for harmonizing the actions of nations
In the attainment of these common ends
New objectives set:
Disarm, Decolonize and Develop
Any 4 Principles of UN:
- All the members should fulfil the obligations made by them in good faith
- They should rspect the sovereign equality of all its members
- They should refrain from threat or use of any kind of force against any state
- UN shall not intervene in the domestic affairs of any state