Free The International Court of Justice Essay Sample
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This court is not the first world court as it was preceded by the Permanent Court of Arbitration which was formed towards the end of 19th century. The permanent Court of Arbitration was formed after the codification of international law in treaties. The decision of moving to international adjudication by the international community is what finally led to the formation of the International Court of Justice (Jerker, 2007).
The Procedures of the World Court
The ICJ has the authority to establish its own rules. The procedures of the court are found in the Rules of Court of the International Court of Justice of 1978 which was amended in 2005. The procedure states that the cases brought to the ICJ are supposed to follow a normal pattern. The applicant is the one who lodges a case through setting out of the foundation of the court’s jurisdiction which should be accompanied by the advantages of his claim via a written memorial. The respondent if in agreement with the court’s jurisdiction, has also the opportunity for filing a memorial on the merits of the case (Shahabuddeen, 2007).
In relation to any United States court, since it is based on English common law, they can be said to be the same. In addition, they both have the mandate to listen to cases involving two different states which is the case with the United States courts. However, they differ in terms of the scope of the cases they listen to as the world court has a far reaching mandate (Shahabuddeen, 2007).
According to the ICJ it entails the courts opinion which does not result to an adjudication of a given legal case. It is an opinion which only advises on matters relating to interpretation of a law and its constitutionality. This opinion is not binding and also lacks a precedential value. They are used as persuasive precedents in some instances (Lowe & Fitzmaurice, 2007).