Posted: September 22nd, 2022

The International Court of Justice was formed in 1946

Response Paper
Response Papers have a three-part function. First, they’re supposed to reveal your comprehension of the assigned readings . They are going to make it easier to preserve observe of vital . Most significantly, they’re supposed so that you can give your response to the assigned readings.

Format:
Papers should be round 1200 phrases. They should be double-spaced; font measurement: 12; with customary margins. They will need to have a heading together with your identify and the subject of the week; web page numbering, and constant use of footnotes/references. Proofreading for grammatical errors is anticipated. Guarantee that your paper is in the shape of an essay with an introduction, physique and conclusion. In the event you want to focus on your work, please contact the teacher.

Content material:
Your Response Paper ought to reveal comprehension of the assigned readings and include a important and considerate response to the studying. Response ought to make up the bulk of the Response Paper. There are a selection of methods you may strategy the duty of response to the readings.

a. Deal with a side of the studying that you’ll argue pertains to some concern or concept we’ve mentioned in earlier lessons. Does the studying Help, undermine or come into stress with earlier points or ideas? Clarify why it’s vital.
b. Deal with a specific theme or concern raised by the studying and provides your individual perspective on it. You’ll want to elaborate in your opinion. What’s your pondering based mostly on? What are the strengths and the weaknesses of the primary sides of the difficulty, as you see it? Do you’ve any private expertise that’s related to the difficulty?
What to Keep away from:
A Response Paper is NOT a guide report! It’s essential to give some temporary abstract of the studying in order to jot down a very good paper, however solely summarize what is critical to jot down your response. It is usually vital to keep away from imprecise impressions in regards to the studying. Base every part you say in one thing particular in the studying, equivalent to a quote, or an idea or an argument. Dig into one thing stable. Be sure you make correct reference to those particular particulars, because the response paper should additionally show you successfully learn the assigned readings.

Response Paper
The International Court of Justice was formed in 1946. It succeeded the Everlasting Court of International Justice formed in 1922 underneath Article 14 of the Covenant of the League of Nations (Ogbodo, 2012). Throughout its six-decade tenure, the ICJ has amassed a pair of successes. Throughout its childhood, it catered to European and North American states. However because the colonial period got here to an finish, African, Center Jap, and Asia Pacific states have had their instances heard and adjudicated by the ICJ. This signifies its development as a world courtroom. The courtroom’s judicial work has additionally diversified progressively through the years. At present, the ICJ has been known as upon to deal with disputes addressing transnational points equivalent to human rights slightly than the normal instances of boundaries and diplomatic relations. Extra so, enforcement of the courtroom’s rulings has been exemplary.
Nonetheless, regardless of having fun with higher success than its predecessor, the ICJ has not had clean crusing. Being a world courtroom, it doesn’t have the identical powers as supranational courts as broadly expounded on by H.E. Mr. Abdulqawi Ahmed Yusuf in his speech earlier than the Royal Academy of Belgium (Yusuf, 2018). The main problem going through the ICJ is its restricted obligatory jurisdiction. The ICJ is just not allowed to adjudicate any case with out consent from the involved events. The course of of election and re-election of ICJ judges additionally poses a risk to impartiality. It’s because of the affect wielded by the UN Normal Meeting and Safety Council. Judges need to win a majority contest. To take action, they depend on their respective international locations to drum up Help. The Safety Council’s everlasting members’ position in the ICJ can be one other bone of competition. By having veto energy on the Court’s ruling, adjudication is very impacted.
Challenges going through the International Court of Justice have been there since its inception and even earlier than its inception. Its predecessor, PCIJ, solely lasted twenty-four years in comparison with the six many years the ICJ has been energetic. Which means regardless that instances of the ICJ shedding its affect in the 21st century have been rife, the Court has been partly profitable by being energetic for such a protracted interval. Due to this fact, in a bid to curb this downward spiral the ICJ may be going through, there are a number of main points that want addressing. These embody beforehand talked about points equivalent to restricted jurisdiction, UN Safety Council everlasting member illustration and veto energy, election and re-election system of judges, mixed with the method of nominating of advert hoc judges by events want addressing.
For my part, the primary concern going through the International Court of Justice is its restricted obligatory jurisdiction. It’s because the ICJ, as a world courtroom, is tasked with the duty of helping in the decision of disputes between states, and offering advisory opinions to specified worldwide organizations. Such a mandate wants related insurance policies to make sure the courtroom is working as successfully and effectively as deliberate. Due to this fact, curbing its energy to train legally binding judicial energy over a topic with out consent goes in opposition to this. Underneath Article 36 of the ICJ Statute, events associated to the case in Question Assignment have to supply consent both unconditionally or on situation (Ogbodo, 2012). Conditional consent could also be upon reciprocity or restricted time. This serves as a prerequisite for the train of the Court’s jurisdiction.
Consent could be derived from a number of areas with seven being the most typical ones. These vary from particular agreements between the disputing events, jurisdictional clauses included in treaties, obligatory jurisdiction, discussion board prorogation to the Court figuring out its jurisdiction or revision of judgment so long as there’s a discovery that might change the character of the ruling. By permitting a variety of avenues for offering consent, the ICJ’s jurisdiction is diversified permitting it to pursue extra instances. Nonetheless, Article 65 of the ICJ Statute gives a complicated assertion that additional results in extra questions relating to ICJ’s advisory jurisdiction. It states that no matter physique can invoke the Court’s advisory jurisdiction. The time period, no matter physique, doesn’t state the much-needed necessities for the group in Question Assignment. This additional weakens ICJ’s mandate and, subsequently, its jurisdiction.
Again to the difficulty of contentious jurisdiction, totally different judicial our bodies derive their authority from totally different sources. Nationwide courts derive their authority from the nation’s structure. Supranational courts, such because the one created by the European Union, derives its authority from legal guidelines and laws formulated by the EU. Nonetheless, in relation to a world courtroom, the supply of authority is extra advanced. Totally different nations, continents and buying and selling blocs have totally different views of the regulation, insurance policies, and laws. Thus, making an attempt to have one judicial physique ruling over contrasting states requires extra insights and thought. By making it obligatory to abide by the ICJ’s ruling, the UN could face a backlash from nations that really feel they’re focused or haven’t been consulted in the drafting of a world structure to observe.
As of now, 4 out of the 5 everlasting members of the UN Safety Council have already rejected the ICJ’s ruling in the previous. By doing so, their actions have contributed to undermining the ICJ. Minority states may shun the ICJ in consequence in the occasion of worldwide disputes or reject the Court’s ruling if it’s not favorable. The 5 everlasting members of the UN Safety Council have veto energy over ICJ rulings and a consultant. On high of weakening the ICJ’s stand in adjudicating worldwide instances, it raises a difficulty of clouding neutral rulings. Judges need to depend on their international locations to get elected into the ICJ, making them loyal to their international locations. Moreover, the prospect of re-election after 9 years, coupled with no retirement age, may sway the judges to base their rulings on benefit slightly than information.
The 21st century has remodeled the world right into a digital village with know-how, bringing nations nearer by way of top-notch infrastructure. Nations now face the risk of quick and uncontrolled data, elevating advanced points in regards to sovereignties. Because of this, which means that the ICJ additionally must adapt to know-how by developing with digital concepts to smoothen its course of. The ICJ, because the principal judicial organ of the United Nations and the world, ought to look to deal with rising international points equivalent to environmental safety, human trafficking, drug trafficking, and terrorism. These are the prevailing points that have to tackling for the time being. I additionally Help the suggestions offered by Ogbodo (2012) stating that the election and re-election course of of ICJ judges must be overhauled, the everlasting member state judges eliminated, and the acceptance of ICJ obligatory jurisdiction.

References
Ogbodo, S. Gozie (2012) “An Overview of the Challenges Dealing with the International Court of Justice in the 21st Century,” Annual Survey of International & Comparative Regulation: Vol. 18: Iss. 1, Article 7.
Yusuf, A. (2018). The strengths and challenges for supranational justice: the rising position of the International Court of Justice. Retrieved 31 January 2020, from https://www.icj-cij.org/recordsdata/press-releases/zero/000-20181112-PRE-01-00-EN.pdf

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