Is the International Court of Justice the first world court?
The International Court of Justice sits as the primary judicial body of the United Nations (MSN Encarta, 2008). The body was established pursuant to the charter of the United Nations by virtue of chapter 14 of the law of the international body (Infoplease, 2008). The International Court of Justice replaced the Permanent Court of International Justice founded by the predecessor of the United Nations, the League of Nations (Encarta, 2008). Before the two bodies came to being, the issue of international mediation underwent several other phases; the first phase began with the 1794 Jay Treaty between the United States and Great Britain (International Court of Justice). This was followed by the 1872 Alabama Claims arbitration between the same countries, and was subsequently followed by the 1899 Hague Peace Conference (International Court of Justice).
What are the procedures of the World Court? Are they similar to any US court?
The Court works according to a stringent methodical system (Shams Ali, 2001). The court, upon hearing the case sent to it for resolution, condenses the issue to a number of statements of facts, which basically testify that a particular event was conducted at a certain period of time, strengthened by the submission of statements of relevance and items of evidence (Ali, 2001). International rulings are regularly used in the promulgation of decisions in the Courts in the United States (Shabtai Rosenne, Yoram Dinstein and Mala Tabory, 1988). But unlike many domestic judicial bodies, the International Court relies on international treaties or accords as the basis of its rulings, while the domestic courts, like the courts in the United States, rely on legal precedents or written laws to arrive at a decision (Emilia Justyna Powell, Sara McLaughlin Mitchell).
What is an advisory opinion?
By definition, an advisory opinion is verdict rendered to verify the legal foundations of a proposed law or action (West’s Encyclopedia of American Law, 2008).
This ruling is handed down by a request of the government, the law making body or an interested group or groups (West’s, 2008). Though ineffective to the merits of a case, these are usually given as weighty evidence in cases where there are no judicial precedents (West’s, 2008). Advisory opinions usually serve as guides or constructs to the creation of policy for both executive and legislative branches of government (West’s, 2008).
References
Ali, S. (2001). The World Court of Justice. Retrieved January 29, 2009, from http://www.worldjustice.org/rules.html#loc
Infoplease. (2008). International Court of Justice. Retrieved January 29, 2009, from http://www.infoplease.com/ce6/history/A0825340.html
International Court of Justice. (n.d.). The Court. Retrieved January 29, 2009, from
http://www.icj-cij.org/court/index.php?p1=1&p2=1
MSN Encarta. (2008). International Court of Justice. Retrieved January 29, 2009, from http://encarta.msn.com/encyclopedia_761553242/International_Court_of_Justice.html
Powell, E.J., Mitchell, S.M. (n.d.).The International Court of Justice and the world’s three legal systems. Retrieved January 29, 2009, from http://www.polisci.uiowa.edu/Presentation%20Schedule_files/powell.pdf
Rosenne, S., Dinstein, Y., & Tabory, M. (1988). International Law at a Time of Perplexity. Leiden, the Netherlands, Boston, USA: Martinus Nijhoff Publishers.
West’s Encyclopedia of American Law. (2008). Advisory opinion. Retrieved January 29, 2009, from http://legal-dictionary.thefreedictionary.com/advisory+opinion
