Which of the following statements is/are correct with regard to Intern...
The International Court of Justice ('ICJ') is termed as the main judicial branch of the United Nations. The court may have jurisdiction to decide cases in which the parties agree to appear before the court, on their own behest, and agree to be bound by the decision of the ICJ. The court may also be a forum if provided for in a treaty between parties and in certain cases it is compulsory to refer to the court with regard to certain disputes. The court may also give advisory opinions under Articles 65-68 of the Statute of the ICJ to countries. These are not binding but are merely referrals to the ICJ to understand the point of law on the matter. The ICJ is thus, one of the primary sources of dispute resolution available with regard to international disputes when parties are agreeable to settle them on their own accord.
Which of the following statements is/are correct with regard to Intern...
International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN) and is responsible for settling legal disputes between countries. Let's analyze each statement separately to determine their correctness.
Statement I: International Court of Justice does not have advisory jurisdiction.
This statement is correct. The ICJ has two types of jurisdiction: contentious jurisdiction and advisory jurisdiction. Contentious jurisdiction refers to cases where two or more states are involved and have consented to the court's jurisdiction. In such cases, the ICJ acts as a court and delivers binding judgments. On the other hand, advisory jurisdiction refers to cases where the court provides non-binding opinions on legal questions referred to it by UN organs or specialized agencies. These opinions are advisory in nature and do not have the force of law. Therefore, the ICJ does have advisory jurisdiction, contrary to the statement.
Statement II: International Court of Justice is the primary source of dispute resolution with regard to domestic and international disputes.
This statement is incorrect. The ICJ primarily deals with international disputes between states and not domestic disputes within a country. Domestic disputes are typically resolved through national courts or other domestic legal mechanisms. The ICJ's jurisdiction is limited to cases where states have consented to its jurisdiction or where international treaties or conventions confer jurisdiction upon it. Therefore, the ICJ is not the primary source of dispute resolution for domestic disputes, making this statement incorrect.
In conclusion, only Statement I is correct, while Statement II is incorrect. The ICJ does have advisory jurisdiction, but it is not the primary source of dispute resolution for domestic and international disputes.