Generations of World Court Historiography in the United States

Question: Describe about the Generations of World Court Historiography in the United States? Answer: The International Court of Justice plays the role of the World Court. It needs to be noted that a duo jurisdiction is enjoyed by the ICJ. Therefore it decides the disputes that fall within the purview of international law and that have been submitted by the States before the ICJ. This is known as the jurisdiction of the ICJ in contentious cases. At the same time, this Court also provides advice regarding the legal questions when a request in this regard has been made by any organ of the United Nations or by any other specialized agency that has been authorized in this regard. This is known as the advisory jurisdiction of the ICJ. In this way the ICJ can deal with two types of cases. First of all the legal disputes that have been submitted to it by the States and secondly, if any request has been made to give advisory opinion regarding a legal question that has been referred by any organ of the United Nations. Regarding the contentious cases that can be heard by the ICJ, it needs to be noted that only the States that are the members of the UN or a State that is a party to the Statute of ICJ or any other state that has accepted the jurisdiction of the ICJ can be a party to the contentious cases. At the same time, the ICJ can deal with the dispute only if the concerned states have accepted the jurisdiction of the court in any of the following ways: The jurisdiction of the Court can be accepted by the states when they enter into a special agreement for submitting the dispute to the ICJ; As a result of a jurisdictional clause; As a result of the reciprocal effect of the declarations that have been made by the States in accordance with the Statute in which these States have accepted the jurisdiction of the ICJ. Due to the reciprocal impact of the declarations that have been made by the States in accordance with the Statute. On the other hand, they are only five organs of the UN and only 16 UN specialized agencies that can request for advisory proceedings. While the UN Gen. Assembly and the Security Council can request the ICJ to give advisory opinion regarding any legal question, the other organs of the UN and its specialized agencies can only see the advisory opinion of the ICJ regarding the legal questions that fall within the scope of the active ease of these organs or agencies. Another question that frequently arises in this regard is if the judgment given by the ICJ is binding on the parties. In this regard he needs to be noted that the judgments given by the ICJ in case of the disputes between various States are binding for the party is related with the dispute. In this regard, it has been mentioned in the UN Charter that all the members of the UN have to comply with the decisions given by the ICJ when such member state is a party to the dispute. The judgments given by the ICJ are final and there is no appeal against the judgment. In case any party to the dispute wants to challenge the scope or the meaning of the judgment, it can request the court to interpret the judgment. On the other hand, so far as the advisory opinions of the ICJ are concerned, it depends on the human organs and specialized agencies to give effect to these opinions or not. References Dunne, Michael. Isolationism of a Kind: Two Generations of World Court Historiography in the United States, Journal of American Studies (1987) 21, pp 327351 Harris, D. Cases and Materials on International Law, 7th ed. (2012, London) p. 839. Posner, E. A., and De Figueiredo, M. F. P, Is the International Court of Justice Biased? Journal of Legal Studies, vol.34 (June 2005), University of Chicago Van Der Wolf W. De Ruiter D., The International Court of Justice: Facts and Documents About the History and Work of the Court (International Courts Association, 2011) Dunne, Michael. "Isolationism of a Kind: Two Generations of World Court Historiography in the United States," Journal of American Studies (1987) 21, pp 327351 Van Der Wolf W. De Ruiter D., "The International Court of Justice: Facts and Documents About the History and Work of the Court" (International Courts Association, 2011) Posner, E. A., and De Figueiredo, M. F. P, Is the International Court of Justice Biased? Journal of Legal Studies, vol.34 (June 2005), University of Chicago Harris, D. Cases and Materials on International Law, 7th ed. (2012, London) p. 839