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The Statute is divided into 5 chapters and consists of 70 articles. The Statute begins with Article 1 proclaiming: "The international Court of Justice established by the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accordance with the provisions of the present Statute."
Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...
The International Court of Justice Statute defines customary international law in Article 38(1)(b) as "a general practice accepted as law". [9] This is generally determined through two factors: the general practice of states, and what states have accepted as law (opinio juris sive necessitatis). [10]
The International Court of Justice (ICJ; French: Cour internationale de justice, CIJ), or colloquially the World Court, is the only international court that adjudicates general disputes between nations, and gives advisory opinions on international legal issues.
Colombia v Peru [1950] ICJ 6 (also known as the Asylum Case) is a public international law case, decided by the International Court of Justice.The ICJ recognised that the scope of Article 38 of the Statute of the International Court of Justice encompassed bi-lateral and regional international customary norms as well as general customary norms, in much the same way as it encompasses bilateral ...
Whereas an authorisation to decide a question ex aequo et bono is an authorisation to decide without deference to the rules of law, an authorisation to decide on a basis of equity does not dispense the judge from giving a decision based upon law, even though the law be modified". [2] Article 38(2) of the Statute of the International Court of ...
The classical enumeration of those sources is in Article 38(1) of the 1946 Statute of the International Court of Justice and comprise: treaties, customary international law, general principles of law (and as a subsidiary measure judicial decisions and the most highly qualified juristic writings).
Seal of the International Court of Justice The list of International Court of Justice cases includes contentious cases and advisory opinions brought to the International Court of Justice since its creation in 1946. Forming a key part of international law, 196 cases have been entered onto the General List for consideration before the court. The jurisdiction of the ICJ is limited. Only states ...