Results 1 to 2 of 2
  1. #1
    Join Date
    Dec 2016
    Posts
    1

    Question How Does the International Court of Justice Work

    If States need to resolve an issue in the ICJ, how does one ensure whether one of the States will actually accept to have their issue dealt with?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,088

    Default Re: Icj

    The International Court of Justice (ICJ) is court set up to resolve disputes between member nations. (I will not use the word “states” here because this is a site that deals with U.S. law and in the U.S. the term “states” does not refer to nations but rather to political subdivisions of the U.S. and thus the use of that term could be confusing.) Not all nations are members of the ICJ and course non members cannot be compelled to resolve a dispute in the ICJ. Even in disputes between member nations, a member nation cannot be compelled to participate in resolving a dispute in the ICJ. In many instances the ICJ will not even have jurisdiction to hear a case brought in the ICJ unless all the nations involved agree to submit the dispute to the ICJ.

    There are some types of disputes that may be brought that do not require consent of the defendant nation, but even there the defendant nation is not required to participate in the ICJ proceeding. Of course, in that case the defendant nation risks having a judgment rendered against it just based on the evidence presented by the plaintiff nation.

    The biggest problem, though, is that there is no way for the ICJ to enforce its judgments. If a nation loses in the ICJ and really does not like the decision, it can simply ignore the decision and nothing can really be done by the ICJ to sanction that nation for it. The ICJ thus relies on goodwill of the member nations to comply with judgments of the court.

    1. Sponsored Links
       

Similar Threads

  1. Obstruction of Justice: Possibility of Obstruction of Justice Charges Relating to an Arrest at Work
    By ravenfmw in forum Criminal Charges
    Replies: 9
    Last Post: 01-10-2015, 08:14 PM
  2. Jurisdiction and Venue: Ontario Superior Court of Justice's Jurisdiction
    By LawMan187 in forum Civil Procedure
    Replies: 1
    Last Post: 03-12-2012, 02:48 PM
  3. Court Ordered Child Support vs. Oregon Department of Justice
    By oregon1974 in forum Child Custody, Support and Visitation
    Replies: 7
    Last Post: 03-18-2011, 06:06 PM
  4. Travesty of Justice in California Traffic Court
    By EWYLTJ in forum Moving Violations, Parking and Traffic Tickets
    Replies: 45
    Last Post: 08-03-2009, 08:57 PM
  5. No Insurance and Headed to Court for Justice
    By happykamper in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 07-30-2009, 10:02 AM
 
 
Sponsored Links

Legal Help, Information and Resources