Globalization has hit its pick in recent times; the world is now a global village thanks to the development of transport and telecommunication systems and especially with the advent of new information technologies that have been made possible with the use of computers. Dark world history as represented by the world wars and the great depression so the establishment of the united nation which is an umbrella body of member states. The world court or international court of justice is the judicial organ of the UN located at peace palace; Hague. it provides advisory opinions to member states general assembly and other international organs that are authorized by the UN. The ICJ also settles legal disputes of the member states. The court was established in the year 1946 and commenced its work in the year 1947 as a succeeding the permanent court of international justice (Amr, 2003).
Is the International Court of Justice the first world court?
No, as mentioned earlier the permanent court of international justice preceded the ICJ. It was established in the year 1922 and was attached to the League of Nations. Other court wide a global outlook exists like the international criminal court also based in The Hague charged with the responsibility of prosecuting mastermind of crimes gainst humanity carried out in member states who are signatories to the Rome statute (Muller, 1997).
What are the procedures of the World Court? Are they similar to any U.S. court?
The world court adopted the common laws procedure which originated from England. The major difference is that the court has jurisdiction only over states that ratify the charter that lead to its creation and hence are signatories to it. Because the American system also follows the common law procedure, both court systems follow same procedures. the court operates under the league of nation covenant where the league members had agree to sort an arbitration where disputes arises that involves the members state especially where diplomacy has failed. Disputes here will in most cases involve disagreements when it comes to interpretation of international treaty, international law and validity of fact that define and interpret the international laws. The court require d that a full house comprising of 11 judges were to sit in each and every cases with three exceptional cases that includes labor clauses reviews in the treaty of Versailles, communications and transport and hearing of a summary procedure (Burnham, 2006).
An ad hoc judge is provided for in case where ttreat of biasness exist for example in cases involving parties from member states but where a judge comes from one party’s country and the other has none hence the number of judges can increase to 12 judges. Hearing is public unless specified and the main languages are English and French. The judges exchange views after receiving a file and will have to abide by the time limit for the case. Each judge is required to writes an anonymous summary that carries the judge’s opinion which is circulated in the courts for a maximum of three days and the president drafts a judgment from those summaries. A four bench committees gives the final judgment which is made public and also given to the press.
What is an advisory opinion?
This arose from article 14 that provides for the court to give opinion involving any dispute that is referred to it especially by the general assembly of the council. Here the court only gives its legal interpretation of a case but which is not binding. The opinion is aimed at shading more light on how a dispute is to be solved. A good example here is the Western Sahara territory dispute of 1975 between the Spanish and Moroccans, the assembly called for Spanish to carry out a referendum on the issue (Spector, 2009).