International Court of Justice

Article III, Section I states that “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it.

When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.

The Hague

The ICJ, created after the second world war to be the United Nations’ judicial arm, has suffered from four important shortcomings which have made it the UN’s least effective body. First, the states in dispute have to agree to appear before it and be bound by its decisions.

Consensual jurisdiction is the Court’s greatest weakness, since not all states have granted their consent. States can also withdraw their consent, and their reservations to Article 36(2) often render their consent meaningless.

The Court may entertain two types of cases: legal disputes between States submitted to it by them (contentious cases) and requests for advisory opinions on legal questions referred to it by United Nations organs and specialized agencies (advisory proceedings).

160 cases

Are decisions of the Court binding? Judgments delivered by the Court (or by one of its Chambers) in disputes between States are binding upon the parties concerned. Judgments are final and without appeal.

What happens if a nation has allowed a case against it to be brought before the ICJ and then refuses to accept a judgment against it? Disputes are decided by reliance on the authority of past judicial decisions.

He is now remembered as the “father of international law.” Adam Smith described him in 1762 as “the first…to give the world anything like a regular system of natural jurisprudence.” Grotius was born in Delft, Holland in 1583.

According to him, International Law is not true law, but a code of rules and conduct of moral force only. Holland- observed that International Law differed from ordinary law and not supported by the authority of a state. According to him, the law of nations is but private law ‘writ large’.

Grotius’ learning helped him make friends among Catholics and Protestants, although Catholics and Protestants were killing each other. He had the misfortune of being a Protestant persecuted by Protestants because he defended the view that human beings have free will.

The United Nations defines international law as “the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries.” International law is established in four primary ways: treaties, judicial decisions, some Security Council actions and custom.