Essays on International Court of Justice

One of the sources of international law listed in article 38(1) is ‘international custom, as evidence of a general practice accepted as law’. From the definition follows, that there are two main requirements for customary law: objective requirement- ‘general practice’ (mainly, that states are practicing the law and it is referring to what states do) and subjective one- ‘accepted as law’ (opinion iuris of states, what states think they should do). Evidence of customary law can be found in ...

The International Court Of Justice (ICJ) is the principal judicial organ of the United Nations, which succeeded the Permanent court of International Justice after World War Two. It gains its legitimacy from Article 92 of the UN Charter which allows it to function " in accordance with the annexed Statute, which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter". By Article 93 all members of the UN are ipso-facto members ...

From ancient epics like the Iliad to historical accounts to modern novels, appropriate justification for a state’s use of force has long been a topic of fascination and controversy. Over the past century and a half, various court cases have expounded on and reinforced standards governing the acceptable use of force between states. The Caroline affair, along with the Nicaragua, Tadic, and Oil Platforms court cases, all set the stage for modern international law regarding the use of force. ...

The customary international law is such a source of international law that encompasses it itself the aspect of custom. Taking into consideration the nature of the international system, in international law, the aspect of custom is considered to be the acting principle of law. As written in Article 38 (1) (b) of the Statute of the International Court of Justice (Statute of ICJ) the main requirement for the emergence of customary international law is that at first, a state practice and secondly, ...

I understand Contract law to be an ever evolving body of law that has roots dating back to the medieval period, with the Lex Mercatoria, involving a few European merchants to today where multi-million dollar business contracts are set out in many forms; where the individual rights of the parties involved are evermore present. This has created a level of complexity and detail that requires a lot of regulation and use of different bodies of law, to ensure fairness whenever a contract is agreed ...

Generally, witnesses in court are compellable to answer questions that are put forward to them. However, the privilege from self-incrimination is the exception to this rule, meaning that suspects are not legally required to answer questions put towards them or give evidence. Countries such as the USA still hold the right to silence to be absolute, but in the UK the introduction of the Criminal Justice and Public Order Act 1994 (CJPOA 1994) has significantly curtailed this right with the ...

I will use relevant academic literature from the fields of Political Science, International Law, Social work, Sociology and History I will also use official government documents. This diversity of sources is necessary because this is a venture that will require multidisciplinary as well as international collaborations. So far, after reviewing important works in each of the mentioned fields, I found that there is a gap in the academic conversation in regards to cultural narratives, the lag ...

The ICJ has many causes for concern. One of these causes is that judges elected to represent and defend their state parties vote regularly only in the parties’ favor, as seen in Posner 2004. To fix this issue, the ICJ created a rule that judges are elected only every nine years in thirds. Therefore, there will never be two judges from relative state parties. This would reduce the biases posed by having judges in the same relative state party, but the problem of having an equal and faire group ...

Judicial organ of the United Nations, which succeeded the Permanent court of International Justice after World War Two. It gains its legitimacy from Article 92 of the UN Charter, which allows it to function " in accordance with the annexed Statute, which is based upon The Statute of the Permanent Court of International Justice and forms an integral part of the present Charter". By Article 93 all members of the UN are ipso-facto members of The Statute and that states not members may become ...