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Copyright ?2007
The International Court of Justice, created by the UN in 1946, was not
the world's first court to be created. The Permanent Court of International
Justice was created by the League of Nations back in 1922 and remained in
existence until 1946 ("International Court of Justice").
The World Court follows specific procedures in settling international
legal disputes. First, States from both sides of the dispute have to accept
the Court's jurisdiction over their case. Secondly, since States have no
permanent representatives attached to the Court, they have to communicate
their issue to the Court's Registrar through either a Foreign Affairs
Minister or through an ambassador to the Netherlands. States may bring a
case to Court either bilaterally, in which one or both sides agree to bring
attention to their dispute, or unilaterally, in which an applicant State
lodges a complaint against a respondent State in Court.
Thirdly, the proceedings continue first with a written phase, in
which both parties have their facts and arguments detailed on paper, and
then an oral phase, in which public hearings are held. Agents who, unlike
domestic court solicitors, are actually heads of diplomatic missions attend
the hearings. After the oral phase the court delivers its judgment, which
is final and binding upon all present without further claims for appeal
("International Court of Justice"). This part of the procedure regarding
both the written and oral phases, is similar to that followed by the US
Supreme Court after it has granted petitions for certiorari ("Supreme Court
of the United States", Oct 22, 2007)
An advisory opinion is given by the World Court in regards to legal
questions brought forth to it by the five organs of the United Nations as
well as its 16 specialized agencies. Both the UN General Assembly and
Security Council can seek advisory opinions about "any legal question",
while the other organs and agencies can only seek opinions on "legal
questions arising within the scope of their activities" ("International
Court of Justice").
References
International Court of Justice Website. Retrieved October 27, 2007 from:
http://www.icj-cij.org/court/index.php?p1=1&p2=6
"The Supreme Court of the United States" (Oct 22, 2007). Retrieved October
27, 2007 from Wikipedia Website:
http://en.wikipedia.org/wiki/SupremeCourtoftheUnitedStates#Jurisdi
ction
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