International Court. Charter of the United Nations Chapter IX. International economic and social cooperation
Exercise 1
In Art. 38 of the Statute of the International Court of Justice as one of the sources international law mentions international custom "as evidence of a general practice accepted as law."
What international custom - universal or local - are we talking about in this case? Can a custom consist of a set of international norms? What is meant by proof of the existence of a custom?
Give 2-3 examples of international customs and establish the fact of their recognition by the Russian Federation, using, if possible, the practice of states or any indirect signs confirming it: foreign policy documents, government statements, diplomatic correspondence, a description of the usual norm in national legislation, certain actions indicating the presence of requirements in connection with non-compliance with the custom, the absence of protests against the actions of the constituents of the custom.
Assignment 2
In January 2002, the Arbitration Court of the Tyumen Region received court documents and a petition from the Economic Court of the Mogilev Region (Republic of Belarus) to recognize and authorize the compulsory execution on the territory of Russia of the decision of this court to recover sums of money to the budget of the Republic of Belarus from a closed joint-stock company located in . Tyumen. Among the documents sent to the Russian Arbitration Court, was presented performance list the court that rendered the relevant decision.
In what order will the decision of the competent economic court of the Republic of Belarus be executed? Is it necessary in this case to make By the Arbitration Court Of the Tyumen region rulings on the recognition and permission of compulsory execution in the territory Russian Federation foreign judgment?
Justify your answers with references to an international treaty and Russian legislation.
Assignment 3
Write 5 test items (10 questions each) covering all topics of the International Law course. Provide correct answers to your tests as attachments.
1. Only states can be parties to cases before the Court.
2. On the terms of its Rules and in accordance with them, the Court may request from public international organizations information relating to the cases pending before it, as well as receive similar information provided by these organizations on their own initiative.
3. When, in a case before the Court, it has to interpret the constituent instrument of a public international organization or an international convention concluded by virtue of such an instrument, the Registrar of the Court shall notify the public international organization concerned and transmit to it copies of all written proceedings.
1. The Court is open to states that are parties to this Statute.
2. The conditions under which the Court is open to other states shall be determined by the Security Council, subject to the special provisions contained in the treaties in force; these conditions in no way can place the parties in an unequal position before the Court.
3. When a non-Member State of the United Nations is a party to a case, the Court shall determine the amount that party must contribute towards the expenses of the Court. This regulation does not apply if the given state already participates in the expenses of the Court.
1. The jurisdiction of the Court includes all cases that will be referred to it by the parties and all matters specifically provided for by the Charter of the United Nations or existing treaties and conventions.
2. States Parties to this Statute may at any time declare that they recognize, without special agreement, ipso facto, in respect of any other State accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:
a) the interpretation of the contract;
b) any question of international law;
c) the existence of a fact which, if established, would constitute a violation of an international obligation;
(d) The nature and amount of compensation due for breach of an international obligation.
3. The above statements can be unconditional, or on the basis of reciprocity on the part of certain states, or for a certain period of time.
4. Such declarations shall be deposited with the Secretary General, who shall transmit copies of such to the parties to this Statute and to the Registrar of the Court.
5. Declarations made under Article 36 of the Statute of the Permanent Chamber International Justice continuing in force shall be deemed, in the relations between the Parties to this Statute, their acceptance by them of the jurisdiction of the International Court of Justice for the unexpired duration of these declarations and in accordance with the conditions set forth therein.
6. In the event of a dispute about the jurisdiction of the case to the Court, the issue shall be settled by a ruling of the Court.
In all cases where a treaty or convention in force provides for the referral of a case to the Court, which was to be constituted by the League of Nations, or to the Permanent Court of International Justice, the case between the parties to this Statute shall be referred to the International Court of Justice.
1. The court, which is obliged to resolve disputes referred to it on the basis of international law, shall apply:
a) international conventions, both general and specific, establishing rules expressly recognized by the disputing states;
b) international custom as evidence of a general practice accepted as law;
c) general principles of law recognized by civilized nations;
d) with the reservation referred to in article 59, the judgments and doctrines of the most qualified specialists in public law of various nations as an aid to the determination of legal norms.
2. This Order does not limit the Court's right to adjudicate a case ex aequo et bono if the parties agree.
The statute
United Nations *
Document with changes made:
.
____________________________________________________________________
________________
* An integral part of the Charter is the Statute of the International Court of Justice (hereinafter, the asterisk marks the drafters' notes).
Amendments to Articles 23, 27 and 61 of the Charter were adopted by the General Assembly on December 17, 1963 and entered into force on August 31, 1965. Amendment to Article 109, adopted by the General Assembly on December 20, 1965, entered into force on June 12, 1968. ...
The amendment to Article 23 of the Charter increases the number of members of the Security Council from eleven to fifteen.
The amended article 27 provides that decisions of the Security Council on procedural matters are considered adopted when nine members (previously seven) vote for them, and on all other issues when nine members (before seven) vote for them, including coinciding votes of five permanent members of the Security Council.
Amendment to Art. 61 increases the number of members of the Economic and Social Council from eighteen to twenty-seven. A subsequent amendment to this article, which entered into force on September 24, 1973, increases the number of members of the Council from twenty-seven to fifty-four.
The amendment to the first paragraph of Article 109 provides that the time and place of the General Conference of Member States for the purpose of revising the Charter shall be determined by two-thirds of the votes of the members of the General Assembly and the votes of any nine (previously seven) members of the Security Council.
Paragraph 3 of Article 109, which provides for the possibility of convening a conference on the revision of the Charter, was considered by the General Assembly and the Security Council at the tenth regular session of the General Assembly in 1955 and was retained in its original wording: "by the votes of any seven members of the Security Council."
WE ARE THE PEOPLES OF THE UNITED NATIONS,
determined to save succeeding generations from the scourge of war, which twice in our lives has brought untold grief to humanity, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equality of men and women and in the equal rights of nations large and small, and to create conditions under which fairness and respect for obligations arising from contracts and other sources can be observed international law, and to promote social progress and better living conditions in larger freedom, and to this end, exercise tolerance and live together, in peace with each other, as good neighbors, and join our forces to maintain international peace and security, and to ensure by the adoption of principles and the establishment of methods so that the armed forces are used only in the common interests, and to use the international apparatus to promote the economic and social progress of all peoples, decided to unite our efforts to achieve these goals.
Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, presenting their credentials found in due form, have agreed to accept this Charter of the United Nations and are hereby establishing an international organization called the United Nations.
Chapter I. Objectives and principles
Article 1.
The United Nations pursues the Goals:
1. Maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to peace and suppress acts of aggression or other violations of the peace and carry out by peaceful means, in accordance with the principles of justice and international law, the settlement or resolution of international disputes or situations that could lead to the disruption of the peace;
2. Develop friendly relations between nations based on respect for the principle of equality and self-determination of peoples, as well as take other appropriate measures to strengthen global peace;
3. To carry out international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature and in the promotion and development of respect for human rights and fundamental freedoms for all, without distinction of race, sex, language, religion, and
4. To be the center for harmonizing the actions of nations in achieving these common goals
Article 2.
To achieve the Purposes specified in Article 1, the Organization and its Members shall act in accordance with the following Principles:
1. The Organization is founded on the principle of the sovereign equality of all its Members;
2. All Members of the United Nations shall fulfill in good faith the obligations assumed under this Charter in order to ensure to all of them in the aggregate the rights and advantages arising from membership in the membership of the Organization;
3. All Members of the United Nations shall resolve their international disputes by peaceful means in such a way as not to jeopardize international peace and security and justice;
4. All Members of the United Nations shall abstain in their international relations from the threat or use of force, both against the territorial inviolability or political independence of any state, and in any other way incompatible with the Purposes of the United Nations;
5. All Members of the United Nations shall render all assistance to it in all actions undertaken by it in accordance with this Charter, and refrain from rendering assistance to any State against which the United Nations is taking preventive or coercive action;
6. The Organization shall ensure that non-Member States act in accordance with these Principles as this may be necessary for the maintenance of international peace and security;
7. This Charter in no way gives the United Nations the right to intervene in matters essentially within the internal competence of any State, and does not require Members of the United Nations to submit such matters for resolution in accordance with this Charter; however, this principle does not affect the application of coercive measures under Chapter VII.
Chapter II. Members of the organization
Article 3.
The original Members of the United Nations are States which, either by participating in the San Francisco Conference on the Establishment of an International Organization, or having previously signed the United Nations Declaration of January 1, 1942, have signed and ratified this Charter in accordance with Article 110.
Article 4
1. Admission to Membership of the Organization is open to all other peace-loving states that accept the obligations contained in this Charter and which, in the judgment of the Organization, are able and willing to fulfill these obligations.
2. The admission of any such state to membership in the organization shall be made by a decision of the General Assembly on the recommendation of the Security Council.
Article 5.
If actions of a preventive or coercive nature have been taken by the Security Council against any Member of the Organization, the General Assembly has the right, on the recommendation of the Security Council, to suspend the exercise of the rights and privileges belonging to him as a Member of the Organization. The exercise of these rights and privileges can be restored by the Security Council.
Article 6.
A member of the Organization who systematically violates the principles contained in this Charter may be expelled from the Organization by the General Assembly on the recommendation of the Security Council.
Chapter III. Organs
Article 7.
1. Established as principal organs of the United Nations are the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice and the Secretariat.
2. Subsidiary bodies as may be necessary may be established in accordance with these Statutes.
Article 8.
The United Nations does not place any restrictions on the rights of men and women to participate in any capacity and on equal terms in its principal and subsidiary organs.
Chapter IV. General Assembly
Article 9
1. The General Assembly consists of all the Members of the Organization.
2. Each Member of the Organization shall have no more than five representatives in the General Assembly.
Article 10.
The General Assembly shall be empowered to deliberate on any matter or matter within the scope of this Charter or relating to the powers and functions of any of the bodies provided for in this Charter and, with the exceptions provided for in Article 12, to make recommendations to the Members of the United Nations or the Security Council or both to the Members of the Organization and the Security Council. for any such questions or business.
Article 11.
1. The General Assembly is empowered to consider general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and arms regulation, and to make recommendations in relation to these principles to the Members of the Organization or the Security Council or both to the Members of the Organization and the Security Council.
2. The General Assembly is empowered to discuss any matter relating to the maintenance of international peace and security put before it by any Member of the Organization or the Security Council or by a State which is not a Member of the Organization, in accordance with paragraph 2 of Article 35, and with the exceptions provided for in Article 12. , make recommendations on any such matter to the State or States concerned or the Security Council or both the Security Council and the State or States concerned. Any such matter requiring action is referred by the General Assembly to the Security Council before or after discussion.
3. The General Assembly may draw the attention of the Security Council to situations that could threaten international peace and security.
4. The powers of the General Assembly set forth in this article shall not limit general meaning Article 10.
Article 12.
1. When the Security Council is exercising the functions entrusted to it by this Charter in relation to any dispute or situation, the General Assembly may not make any recommendation with respect to that dispute or situation, unless the Security Council requests it.
2. The Secretary General, with the consent of the Security Council, shall notify the General Assembly at each of its sessions of all matters relating to the maintenance of international peace and security that are before the Security Council, and likewise notify the General Assembly, and if the General Assembly is not sitting, then the Members of the Organization, immediately as soon as the Security Council ceases to consider such questions.
Article 13
1. The General Assembly organizes studies and makes recommendations in order to:
a) Promoting international cooperation in the political field and encouraging the progressive development of international law and its codification;
b) Promoting international cooperation in the fields of economic, social, culture, education, health and the promotion of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion.
2. The further responsibilities, functions and powers of the General Assembly in relation to the matters referred to in paragraph 1 b above are set out in Chapters IX and X.
Article 14.
Subject to the provisions of Article 12, the General Assembly shall be empowered to recommend measures for the peaceful settlement of any situation, whatever its origin, which, in the opinion of the Assembly, could impair the general welfare or friendly relations between nations, including situations arising from the violation of the provisions of this Charter setting out the Objectives. and the United Nations Principles.
Article 15.
1. The General Assembly receives and considers the annual and special reports of the Security Council; these reports should include an account of the measures that the Security Council has decided or has taken to maintain international peace and security.
2. The General Assembly shall receive and consider reports from other organs of the Organization.
Article 16
The General Assembly shall perform such functions in relation to the international trusteeship system as are entrusted to it under Chapters XII and XIII, including the approval of trusteeship agreements for territories not classified as strategic.
Article 17
1. The General Assembly considers and approves the budget of the Organization.
2. The members of the Organization shall bear its expenses according to the distribution established by the General Assembly.
3. The General Assembly shall review and approve any financial and budgetary agreements with the specialized agencies referred to in article 57 and review the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.
Article 18.
1. Each Member of the General Assembly has one vote.
2. Decisions of the General Assembly on important issues shall be taken by a two-thirds majority of the members of the Assembly present and voting. These issues include: recommendations for the maintenance of international peace and security, election of non-permanent members of the Security Council, election of members of the Economic and Social Council, election of members of the Trusteeship Council in accordance with article 86, paragraph 1c, admission of new Members to the United Nations, suspension of rights and privileges of Members of the Organization, expulsion from the Organization of its Members, matters related to the functioning of the guardianship system, and budgetary matters.
3. Decisions on other issues, including the definition of additional categories of issues that are subject to a two-thirds majority vote, are taken by a simple majority of those present and voting.
Article 19.
A Member of the Organization which is in arrears in the payment of its monetary contributions to the Organization shall forfeit the right to vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, however, permit such a Member to vote if it recognizes that the delay in payment is due to circumstances beyond its control.
Article 20.
The General Assembly shall meet in ordinary annual sessions and in such special sessions as circumstances may require. Special sessions are convened by the Secretary General at the request of the Security Council or a majority of the Members of the Organization.
Article 21.
The General Assembly establishes its own rules of procedure. It elects its own Chairperson for each session.
Article 22.
The General Assembly is empowered to establish such subsidiary organs as it deems necessary for the exercise of its functions.
1. The Security Council consists of fifteen Members of the Organization. Republic of China, France, Union of Soviet Socialist Republics, The United Kingdom of Great Britain and Northern Ireland and the United States of America are permanent members of the Security Council. The General Assembly elects ten other Members of the Organization as non-permanent members of the Security Council, giving due regard in particular to the degree to which Members of the Organization participate in the maintenance of international peace and security and in the achievement of other objectives of the Organization, as well as equitable geographical distribution.
2. The non-permanent members of the Security Council are elected for a term of two years. In the first election of non-permanent members, following the increase in the Security Council from eleven to fifteen, two of the four additional members are elected for a term of one year. An outgoing member of the Security Council is not subject to immediate re-election.
3. Each member of the Security Council has one representative.
Article 24.
1. In order to ensure prompt and effective action by the United Nations, its Members assign to the Security Council the primary responsibility for the maintenance of international peace and security and agree that, in discharging its responsibilities arising from this responsibility, the Security Council acts on their behalf.
2. In discharging these responsibilities, the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers conferred on the Security Council to carry out these responsibilities are set out in Chapters VI, VII, VIII and XII.
3. The Security Council submits annual reports to the General Assembly and, as required, special reports.
Article 25.
The Members of the Organization agree, in accordance with this Charter, to obey and comply with the decisions of the Security Council.
Article 26.
In order to facilitate the establishment and maintenance of international peace and security with the least diversion of world human and economic resources to armaments, the Security Council is responsible for formulating, through the Military Staff Committee referred to in Article 47, plans for the establishment of an armaments regulatory system for submission to the Members of the Organization. ...
Article 27.
1. Each member of the Security Council has one vote.
2. Decisions of the Security Council on questions of procedure shall be deemed to have been adopted when the votes of nine members of the Council have been cast in their favor.
3. Decisions of the Security Council on all other matters shall be deemed to have been adopted when the votes of nine members of the Council, including the coinciding votes of all permanent members of the Council, have been cast for them, and the party to the dispute must abstain from voting in deciding under Chapter VI and on the basis of paragraph 3 of article 52.
Article 28.
1. The Security Council is organized in such a way that it can function continuously. For this purpose, each member of the Security Council must always be represented at the seat of the United Nations.
2. The Security Council meets in periodic meetings, at which each of its members may, if he so wishes, be represented either by a member of the government or by some other specially designated representative.
3. Meetings of the Security Council may take place not only at the seat of the Organization, but also in any other place that, in the opinion of the Council, is more conducive to its work.
Article 29.
The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.
Article 30.
The Security Council establishes its own rules of procedure, including the procedure for the election of its President.
Article 31.
Any Member of the Organization who is not a member of the Security Council may take part, without the right to vote, in the discussion of any issue submitted to the Security Council whenever the Security Council finds that the interests of that Member of the Organization are specially affected.
Article 32.
Any Member of the Organization that is not a member of the Security Council, or any State not a Member of the Organization, if they are parties to a dispute before the Security Council, are invited to participate, without the right to vote, in the discussion relating to that dispute. The Security Council shall impose such conditions for the participation of a non-Member State as it finds fair.
Chapter VI. Peaceful resolution of disputes
PEACEFUL DISPUTE RESOLUTION
Article 33.
1. The parties to any dispute, the continuation of which could threaten the maintenance of international peace and security, should first of all endeavor to resolve the dispute through negotiation, investigation, mediation, conciliation, arbitration, litigation, recourse to regional bodies or agreements or other peaceful means. of your choice.
2. The Security Council, when it considers it necessary, shall require the parties to settle their dispute by such means.
Article 34.
The Security Council is empowered to investigate any dispute or any situation that may lead to international friction or a dispute, in order to determine whether the continuation of that dispute or situation may threaten the maintenance of international peace and security.
Article 35.
1. Any Member of the Organization may bring any dispute or situation of a character referred to in Article 34 to the attention of the Security Council or the General Assembly.
2. A State which is not a Member of the Organization may bring to the attention of the Security Council or the General Assembly any dispute to which it is a party if it assumes in advance in respect of that dispute the obligations of the peaceful settlement of disputes provided for in this Charter.
3. The adjudication by the General Assembly of cases brought to its attention under this article shall be subject to the provisions of articles 11 and 12.
Article 36.
1. The Security Council is empowered, at any stage of a dispute of the nature referred to in article 33 or a situation of a similar nature, to recommend an appropriate procedure or methods of settlement.
2. The Security Council shall take into account any procedure for the resolution of this dispute that has already been accepted by the parties.
3. In making recommendations under this article, the Security Council also takes into account that disputes of a legal nature must, as general rule be transferred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.
Article 37.
1. If the parties to a dispute of a nature referred to in Article 33 do not resolve it by means of the means specified in this Article, they shall refer it to the Security Council.
2. If the Security Council considers that the continuation of the dispute in question could in fact threaten the maintenance of international peace and security, it shall decide whether to act on the basis of article 36 or to recommend such conditions for the settlement of the dispute as it deems appropriate.
Article 38.
Without prejudice to the provisions of Articles 33 to 37, the Security Council is empowered, if requested by all parties to any dispute, to make recommendations to the parties with a view to amicably resolving the dispute.
Chapter VII. Actions in relation to threats to the peace, breaches of the peace and acts of aggression
ACTIONS REGARDING THREATS TO PEACE, DISRUPTION OF THE PEACE AND ACTS OF AGGRESSION
Article 39.
The Security Council determines the existence of any threat to peace, any breach of the peace or act of aggression and makes recommendations or decides what measures should be taken in accordance with Articles 41 and 42 to maintain or restore international peace and security.
Article 40.
In order to prevent a deterioration of the situation, the Security Council is empowered, before making a recommendation or deciding to take the measures provided for in Article 39, to require the parties concerned to take such interim measures as it deems necessary or desirable. Such interim measures must not prejudice the rights, claims or position of the parties concerned. The Security Council takes due account of the failure to comply with these interim measures.
Article 41.
The Security Council is empowered to decide which non-military measures should be used to implement its decisions, and it may require Members to take these measures. These measures may include a complete or partial break. economic relations, rail, sea, air, post, telegraph, radio or other means of communication, as well as the severance of diplomatic relations.
Art 42
Should the Security Council consider that the measures provided for in Article 41 may prove insufficient or have already proved insufficient, it shall be empowered to take such action by air, sea or land forces as will be necessary to maintain or restore international peace and security. Such actions may include demonstrations, blockades and other operations by air, sea or land forces of Members of the Organization.
Article 43
1. All Members of the Organization, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, at its request and in accordance with special agreements or agreements, the armed forces, assistance and appropriate facilities, including right of way.
2. Such agreement or agreements determine the number and type of troops, the degree of their readiness and their general disposition and the nature of the facilities of service and assistance provided.
3. Negotiations on the conclusion of an agreement or agreements shall be undertaken as soon as possible on the initiative of the Security Council. They are concluded between the Security Council and the Members of the Organization, or between the Security Council and groups of Members of the Organization, and are subject to ratification by signatory States in accordance with their constitutional procedure.
Article 44
When the Security Council has decided to use force, the Security Council shall invite that Member, if the latter so wishes, to take part in the exercise, before requiring a Member of the Organization not represented on the Council to provide military forces in fulfillment of its obligations under Article 43 decisions of the Security Council regarding the use of the contingents of the armed forces of this Member of the Organization.
Article 45.
In order to ensure that the United Nations is able to undertake urgent military action, Members of the Organization must keep contingents of national air force for joint international enforcement action. The size and level of readiness of these contingents and plans for their joint actions are determined by the Security Council with the help of the Military Staff Committee within the limits specified in the special agreement or agreements referred to in Article 43.
Art 46.
The plans for the use of armed forces are drawn up by the Security Council with the help of the Military Staff Committee.
Article 47.
1. A Military Staff Committee is established to advise and assist the Security Council on all matters pertaining to the military needs of the Security Council in maintaining international peace and security, to the use and command of the troops placed at its disposal, as well as arms regulation and eventual disarmament.
2. The Military Staff Committee consists of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member not permanently represented on the Committee shall be invited by the Committee to cooperate with it if the effective discharge of the Committee's responsibilities requires that Member to participate in the work of the Committee.
3. The Military Staff Committee, subordinate to the Security Council, is responsible for the strategic direction of any military forces placed at the disposal of the Security Council. Questions relating to the command of such forces should be developed at a later date.
4. The Military Staff Committee may, with the permission of the Security Council and after consultation with the appropriate regional bodies, establish its regional subcommittees.
Article 48.
1. The actions required to implement the decisions of the Security Council in order to maintain international peace and security shall be undertaken by all Members of the Organization or some of them, as determined by the Security Council.
2. Such decisions are carried out by the Members of the Organization directly, as well as through their actions in the relevant international institutions of which they are members.
Article 49.
Members of the Organization should unite to provide mutual assistance in carrying out the measures decided by the Security Council.
Article 50.
If the Security Council takes preventive or coercive measures against any state, any other state, regardless of whether it is a Member of the Organization, which faces special economic problems arising from the implementation of the above measures, has the right to consult with the Security Council in order to resolve such problems.
Article 51.
This Charter does not in any way affect the inalienable right to individual or collective self-defense in the event of an armed attack on a Member of the Organization, until the Security Council takes the measures necessary to maintain international peace and security. The measures taken by the Members of the organization in exercising this right to self-defense must be communicated immediately to the Security Council and must in no way affect the powers and responsibilities of the Security Council, in accordance with this Charter, in relation to taking such action at any time as it deems necessary. to maintain international peace and security.
Chapter VIII. Regional agreements
REGIONAL AGREEMENTS
Article 52.
1. This Charter does not in any way preclude the existence of regional agreements or bodies for the resolution of such questions relating to the maintenance of international peace and security as are appropriate for regional action, provided that such agreements or bodies and their activities are consistent with the Purposes and Principles of the Organization.
2. Members of the Organization concluding such agreements or constituting such bodies shall make every effort to achieve a peaceful settlement of local disputes through such regional agreements or such regional bodies, prior to referring these disputes to the Security Council.
3. The Security Council should encourage the development of the application of the peaceful settlement of local disputes through such regional agreements or such regional bodies, either on the initiative of the States concerned or on its own initiative.
4. This article does not in any way affect the application of articles 34 and 35.
Article 53.
____________________________________________________________________
Resolution of the UN General Assembly of September 16, 2005 N 60/1 in this article excluded
____________________________________________________________________
1. The Security Council shall use, where appropriate, such regional agreements or bodies for enforcement action under its leadership. However, no enforcement action is taken, by virtue of these regional agreements or by regional bodies, without authority from the Security Council, with the exception of measures provided for in Article 107, against any enemy State as defined in paragraph 2 of this Article, or measures provided for in regional agreements directed against the resumption of aggressive policies by any such state until the time when the Organization, at the request of the Governments concerned, can be made responsible for preventing further aggression by such a state.
2. The term "enemy State" as used in paragraph 1 of this article refers to any State that, during the Second World War, was an enemy of any of the States that signed this Charter.
Art 54
The Security Council must always be fully informed of actions taken or envisaged by virtue of regional agreements or regional bodies to maintain international peace and security.
Chapter IX. International economic and social cooperation
INTERNATIONAL ECONOMIC
AND SOCIAL COOPERATION
Article 55.
In order to create conditions of stability and prosperity necessary for peaceful and friendly relations between nations based on respect for the principle of equality and self-determination of peoples, the United Nations shall promote:
a) Raising the standard of living, full employment of the population and conditions of economic and social progress and development;
b) Resolving international problems in the field of economic, social, health and similar problems; international cooperation in the field of culture and education;
c) Universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion.
Article 56
All Members of the Organization undertake to take joint and independent action in cooperation with the Organization in order to achieve the objectives specified in Article 55.
Section 57
1. The various specialized agencies established by intergovernmental agreements and endowed with broadly international responsibilities as defined in their constituent acts in the economic, social, cultural, educational, health care and similar fields will be put in contact with the Organization in accordance with the provisions of Article 63.
2. Such agencies, which will be brought in in this manner in connection with the Organization, are referred to in the following articles as “specialized agencies”.
Article 58.
Art 59
The Organization shall take the initiative, if necessary, for the States concerned to initiate negotiations on the establishment of any new specialized agencies that are required to fulfill the objectives set out in Article 55.
Article 60.
Responsibility for the performance of the functions of the Organization referred to in this Chapter rests with the General Assembly and, under the direction of the General Assembly, with the Economic and Social Council, which for this purpose is vested with the powers referred to in Chapter X.
ECONOMIC AND SOCIAL COUNCIL
Art 61
1. The Economic and Social Council consists of fifty-four Members of the Organization, elected by the General Assembly.
2. Subject to the provisions set out in paragraph 3, the eighteen members of the Economic and Social Council shall be elected annually for a term of three years. An outgoing Council member may be re-elected immediately.
3. At the first election, following an increase in the number of members of the Economic and Social Council from twenty-seven to fifty-four, in addition to the members elected instead of the nine members whose terms of office expire at the end of the year, twenty-seven additional members shall be elected. The term of office of nine of the twenty-seven additional members thus elected expires at the end of the first year, and the term of office of the other nine members at the end of the second year, in accordance with a decision of the General Assembly.
4. Each member of the Economic and Social Council has one representative.
Art 62
1. The Economic and Social Council is empowered to undertake research and report on international issues in the field of economic, social, culture, education, health and similar issues, or to encourage others to do so, as well as to make recommendations on any of these issues to the General Assembly, Members of the organization and interested specialized agencies.
3. The Council is empowered to prepare, for submission to the General Assembly, draft conventions on matters within its competence.
4. The Council is authorized to convene, in accordance with the rules prescribed by the Organization, international conferences on issues within its competence.
Article 63.
1. The Economic and Social Council is authorized to enter into agreements with any of the institutions referred to in Article 57, setting out the conditions under which the institutions concerned will be associated with the Organization. Such agreements are subject to the approval of the General Assembly.
2. The Council is empowered to coordinate the activities of the specialized agencies through consultation with them and recommendations to such agencies and through recommendations to the General Assembly and the Members of the Organization.
Section 64
1. The Economic and Social Council is authorized to take appropriate steps to receive regular reports from the specialized agencies. The Council is empowered to conclude agreements with the Members of the Organization and with the specialized agencies for the purpose of receiving reports from them on the measures taken by them in pursuance of its own recommendations and the recommendations of the General Assembly on matters within its competence.
2. The Council is authorized to communicate its comments on these reports to the General Assembly.
Section 65
The Economic and Social Council is empowered to provide information to the Security Council and, upon the proposal of the Security Council, is obliged to assist it.
Article 66
1. The Economic and Social Council shall perform such functions as fall within its competence in connection with the implementation of the recommendations of the General Assembly.
2. The Council, with the approval of the General Assembly, is authorized to carry out work at the request of the Members of the Organization and at the request of the specialized agencies.
3. The Council shall perform such other functions as are listed elsewhere in this Charter or as may be assigned to it by the General Assembly.
Art 67
1. Each member of the Economic and Social Council has one vote.
2. Decisions of the Economic and Social Council are taken by a majority vote of the members of the Council present and voting.
Section 68
The Economic and Social Council shall establish commissions in the economic and social fields and for the promotion of human rights, as well as such other commissions as may be required to carry out its functions.
Art 69
The Economic and Social Council invites any Member of the Organization to participate, without the right to vote, in the discussion by it of any matter of particular interest to that Member of the Organization.
Section 70
The Economic and Social Council is authorized to hold events for the participation, without the right to vote, of representatives of the specialized agencies in the discussion of issues in the Council or in the commissions it has established, as well as for the participation of representatives of the Council in the discussion of issues in the specialized agencies.
Section 71
The Economic and Social Council is authorized to hold appropriate arrangements for consultation with non-governmental organizations interested in matters within its competence. Such events may be agreed with international organizations, and, if necessary, with national organizations after consultation with the Member concerned.
Art 72
1. The Economic and Social Council shall establish its own rules of procedure, including the procedure for the election of its President.
2. The Economic and Social Council shall be convened as needed, in accordance with its rules, which should include provisions for convening meetings at the request of a majority of its members.
Chapter XI. Declaration concerning Non-Self-Governing Territories
DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES
Section 73
Members of the United Nations, who bear or assume responsibility for the administration of territories whose peoples have not yet achieved full self-government, recognize the principle that the interests of the people of these territories are paramount, and, as a sacred duty, undertake the obligation to maximize the well-being of the people of these territories. within the framework of the system of international peace and security established by this Charter, and for this purpose:
a) Ensure, with due respect for the culture of these peoples, their political, economic and social progress, progress in the field of education, fair treatment of them and their protection from abuse;
b) develop self-government, take due account of the political aspirations of these peoples and help them in the progressive development of their free political institutions in accordance with the specific circumstances inherent in each territory and its peoples, and with their different stages of development;
c) Strengthen international peace and security;
d) Promote the development of constructive activities, encourage research and cooperate with each other and, where and when appropriate, with specialized international organizations for the practical achievement of the social, economic and scientific goals set out in this article, and
e) Provide regularly to the Secretary General for information and with such restriction as may be required for security and constitutional reasons, statistical and other special information relating to economic and social conditions, as well as educational conditions in the territories for which they are respectively responsible except for those territories to which the actions of Chapters XII and XIII apply.
Section 74
Members of the Organization also agree that their policies with respect to the territories covered by this Chapter shall be based, no less than with respect to their metropolises, on the general principle of good neighborliness, with due regard for the interests and well-being of the rest of the world in social, economic and trade.
Chapter XII. International guardianship system
INTERNATIONAL CARE SYSTEM
____________________________________________________________________
Resolution of the UN General Assembly of September 16, 2005 N 60/1 in this chapter excluded links to the Trusteeship Council.
____________________________________________________________________
Article 75
The United Nations is establishing, under its leadership, an international trusteeship system for the administration and oversight of those territories that may be included in it by subsequent individual agreements. These territories are hereinafter referred to as "Trusteeship Territories".
Section 76
The main tasks of the guardianship system, in accordance with the Objectives of the United Nations set out in Article 1 of this Charter, are to:
a) Strengthen international peace and security;
b) Promote the political, economic and social progress of the population of the Trust Territories, its educational progress and its progressive development towards self-government or independence, as may be appropriate for the specific conditions of each territory and its peoples and bearing in mind freely expressed desire of these peoples and how this may be provided for by the terms of each trusteeship agreement;
c) Promote respect for human rights and fundamental freedoms for all, irrespective of race, sex, language, religion, and encourage recognition of the interdependence of the peoples of the world;
d) Ensure equal treatment of Members and their citizens in the social, economic and commercial fields, as well as equal treatment of them in the administration of justice, without prejudice to the achievement of the foregoing objectives and subject to the provisions of Article 80.
Section 77
____________________________________________________________________
Resolution of the UN General Assembly of September 16, 2005 N 60/1 in this article excluded references to "enemy states".
____________________________________________________________________
1. The system of guardianship applies to such territories from the following categories, which can be included in it by agreements on guardianship:
a) Territories currently under the mandate;
b) Territories that could be taken away from enemy states as a result of the Second World War, and
c) Territories voluntarily included in the trusteeship system by the states responsible for their administration.
2. The question of which of the territories of the above categories should be included in the guardianship system and on what conditions will be the subject of a subsequent agreement.
Section 78
The guardianship system does not apply to countries that have become Members of the Organization, relations between which must be based on respect for the principle of sovereign equality.
Section 79
The conditions of guardianship for each territory to be included in the guardianship system, including all changes and amendments, are determined by agreements of directly interested states, including mandate countries in the event that the territories are under the mandate of one of the Members of the Organization, and are approved as provided in Articles 83 and 85.
Article 80
1. Except as may be agreed in individual treaties of guardianship concluded pursuant to Articles 77, 79 and 81, which include each territory in the trusteeship system, and pending the conclusion of such agreements, nothing in this Chapter shall be construed as a change in any way. what terms and conditions of existing international agreements to which the Members of the Organization may be, respectively.
2. Paragraph 1 of this article shall not be interpreted as giving rise to delay or postponement of negotiations and the conclusion of agreements on the inclusion of mandated and other territories in the system of guardianship, as provided for in article 77.
Article 81
The trusteeship agreement in each case should include the conditions under which the trust territory will be administered, as well as determine the authority that will administer the trust territory. Such a power, hereinafter referred to as the governing power, may represent one or more states or the United Nations as such.
Article 82
Any trust agreement may designate a strategic area or areas, which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements entered into pursuant to Article 43.
Section 83
1. All functions of the United Nations relating to strategic areas, including the approval of the terms of trusteeship agreements and their amendments or amendments, shall be carried out by the Security Council.
2. The main objectives set out in article 76 apply to the people of each of the strategic areas.
3. The Security Council, subject to the terms of the trusteeship agreements and without prejudice to security requirements, shall use the assistance of the Trusteeship Council to carry out those functions of the United Nations under the trusteeship system that relate to political, economic and social issues as well as educational issues in strategic areas.
Section 84
It is the responsibility of the administering authority to ensure that the Trustee Territory plays its part in the maintenance of international peace and security. For this purpose, the Administering Authority is authorized to use voluntary military forces, facilities and assistance from the Trustee Territory in fulfilling the obligations assumed by the Administering Authority to the Security Council in this regard, as well as for local defense and the maintenance of law and order within the Trusteeship Territory.
Art 85
1. The functions of the United Nations in relation to trusteeship agreements for all non-strategic areas, including the approval of the terms of the trusteeship agreements and their amendments or amendments thereto, shall be exercised by the General Assembly.
2. The Trusteeship Council, under the authority of the General Assembly, assists the General Assembly in carrying out these functions.
Chapter XIII. Guardianship squad
COMPOSITION OF SUPPORT
Chapter XIV. international Court
Article 92
The International Court of Justice is the main judicial organ of the United Nations. It acts in accordance with the attached Statute, which is based on the Statute of the Permanent Court of International Justice and forms an integral part of this Statute.
Section 93
1. All Members of the Organization are ipso facto parties to the Statute of the International Court of Justice.
2. A State that is not a Member of the Organization may become a party to the Statute of the International Court of Justice on conditions to be determined, in each case, by the General Assembly on the recommendation of the Security Council.
Art 94
1. Each Member of the Organization undertakes to comply with the decision of the International Court of Justice in the case to which he is a party.
2. In the event that a party to a case fails to fulfill the obligation imposed on it by a decision of the Court, the other party may apply to the Security Council, which may, if deemed necessary, make recommendations or decide to take steps to enforce the judgment. ...
Article 95.
This Charter does not in any way prevent the Members of the Organization from entrusting the resolution of their differences to other courts by virtue of agreements already in existence or such that may be concluded in the future.
Art 96
1. The General Assembly or the Security Council may request advisory opinions from the International Court of Justice on any legal question.
2. Other organs of the United Nations and specialized agencies, which the General Assembly may give permission to do so at any time, may also seek advisory opinions from the Court on legal questions arising within their range of activities.
Chapter XV. Secretariat
Section 97
The Secretariat consists of the Secretary General and such personnel as the Organization may require. The Secretary General is appointed by the General Assembly on the recommendation of the Security Council. The Secretary General is the chief administrative officer of the organization.
Section 98
The Secretary General acts in that capacity at all meetings of the General Assembly, the Security Council, the Economic and Social Council and the Trusteeship Council and performs such other functions as are assigned to him by these bodies. The Secretary General submits to the General Assembly an annual report on the work of the Organization.
Section 99
The Secretary General has the right to bring to the attention of the Security Council any matter which, in his opinion, may threaten the maintenance of international peace and security.
Article 100.
1. In the performance of their duties, the Secretary General and the staff of the Secretariat shall not seek or receive instructions from any government or authority outside the organization. They must refrain from any action that might affect their position as international officials accountable only to the Organization.
2. Each Member of the Organization undertakes to respect the strictly international character of the duties of the Secretary General and the staff of the Secretariat and not to seek to influence them in the performance of their duties.
Section 101
1. The staff of the Secretariat shall be appointed by the General Secretary, in accordance with the rules established by the General Assembly.
2. Adequate personnel shall be allocated for permanent employment on the Economic and Social Council, the Trusteeship Council and, as required, other organs of the Organization. These personnel form part of the Secretariat.
3. Recruitment and the determination of the conditions of service should be guided primarily by the need to ensure a high level of efficiency, competence and integrity. Due regard should be paid to the importance of recruiting personnel on as wide a geographical basis as possible.
Chapter XVI. Miscellaneous regulations
Section 102
1. Every treaty and every international agreement entered into by any Member of the Organization after the entry into force of this Statute shall, as soon as possible, be registered with the Secretariat and published by it.
2. Neither party to any such treaty or international agreement not registered in accordance with paragraph 1 of this article may invoke such treaty or agreement in any of the organs of the United Nations.
Section 103
In the event that the obligations of the Members of the Organization under this Constitution are in conflict with their obligations under any other international agreement, the obligations under this Constitution shall prevail.
Section 104
The United Nations shall enjoy, in the territory of each of its Members, such legal capacity as may be necessary for the performance of its functions and the achievement of its objectives.
Section 105
1. The United Nations shall enjoy, in the territory of each of its Members, such privileges and immunities as are necessary for the achievement of its purposes.
2. Representatives of the Members of the Organization and its officials shall also enjoy the privileges and immunities that are necessary for the independent exercise of their functions related to the activities of the Organization.
Chapter XVII. Transitional safety measures
TRANSITION SAFETY MEASURES
Section 106
Pending the entry into force of such special agreements referred to in Article 43, which, in the opinion of the Security Council, enable it to commence the exercise of its obligations under Article 42, the parties to the Declaration of the Four Powers, signed in Moscow on October 30, 1943, and France will, in accordance with the provisions of paragraph 5 of this Declaration, consult with each other and, if necessary, with other Members of the Organization for the purpose of such joint actions on behalf of the Organization as may be necessary for the maintenance of international peace and security.
Section 107
____________________________________________________________________
Resolution of the UN General Assembly of September 16, 2005 N 60/1 in this article excluded references to "enemy states".
____________________________________________________________________
This Charter does not in any way invalidate any action taken or authorized as a result of the Second World War by responsible Governments against any State that, during the Second World War, was an enemy of any of the States that signed this Charter, and does not interfere with such actions.
Chapter XVIII. Amendments
Section 108
Amendments to this Charter shall enter into force for all Members of the Organization after they have been adopted by a two-thirds majority of the Members of the General Assembly and ratified, in accordance with their constitutional procedure, by two-thirds of the Members of the Organization, including all permanent members of the Security Council.
Section 109
1. For the purpose of revising this Charter, a General Conference of the Members of the United Nations may be convened at a time and place to be determined by a two-thirds majority of the members of the General Assembly and by any nine members of the Security Council. Each Member of the Organization will have one vote at the Conference.
2. Any amendment to this Statute recommended by a two-thirds majority of the participants in the Conference will enter into force upon ratification, in accordance with their constitutional procedure, by two-thirds of the Members of the Organization, including all permanent members of the Security Council.
3. If such a Conference does not take place before the tenth annual session of the General Assembly after the entry into force of this Statute, a proposal to convene such a Conference shall be included in the agenda of that session of the General Assembly, and the Conference shall be convened if so decided by a simple majority of the members of the General Assembly and by votes of any seven members of the Security Council.
Chapter XIX. Ratification and signing
RATIFICATION AND SIGNATURE
Section 110
1. This Charter is subject to ratification by the signatory states in accordance with their constitutional procedure.
2. Instruments of ratification shall be deposited with the Government of the United States of America, which will notify the deposit of each instrument to all signatory States, as well as the Secretary General of the Organization when appointed.
3. This Charter shall enter into force upon the deposit of the instruments of ratification by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America and most of the other signatory states. Thereafter, a protocol on the deposit of the instruments of ratification will be drawn up by the Government of the United States of America, copies of which will be sent to all signatory states.
4. States signatory to this Charter which ratify it after it has come into force will become original Members of the United Nations on the date of their deposit of their respective instruments of ratification.
Section 111
This Constitution, the Chinese, French, Russian, English and Spanish texts of which are equally authentic, shall be deposited in the archives of the Government of the United States of America. This Government shall transmit copies of the Statute, duly certified, to the Governments of all other signatory States.
IN WITNESS WHEREOF, the representatives of the Governments of the United Nations have signed this Charter.
DONE at the city of San Francisco, the twenty-sixth day of June, one thousand nine hundred and forty-five.
Statute of the International Court of Justice
Article 1.
International Court of Justice, established by the Charter of the United Nations as the principal judicial authority Of the United Nations, is formed and operates in accordance with the following provisions of this Statute.
Chapter I. Organization of the court
Article 2.
The Court is composed of a panel of independent judges, elected, regardless of their nationality, from among persons of high moral character who meet the requirements in their countries for appointment to the highest judicial office, or who are lawyers of recognized authority in the field of international law.
Article 3.
1. The court consists of fifteen members, and it cannot include two citizens of the same state.
2. A person who can be considered, as applied to the composition of the Court, as a citizen of more than one state, is considered a citizen of the state in which he usually exercises his civil and political rights.
Article 4
1. The members of the Court shall be elected by the General Assembly and the Security Council from among the individuals nominated by the national groups of the Permanent Court of Arbitration, in accordance with the following provisions.
2. With regard to Members of the United Nations not represented on the Permanent Court of Arbitration, candidates shall be nominated by national groups designated for this purpose by their governments, subject to the conditions established for Members of the Permanent Court of Arbitration by Article 44 of the 1907 Hague Convention Concerning the Peaceful Settlement of International collisions.
3. The conditions under which a State Party to this Statute, but which is not a member of the United Nations, may participate in the election of the members of the Court shall be determined, in the absence of special agreement, by the General Assembly on the recommendation of the Security Council.
Article 5.
1. Not later than three months before election day, the Secretary-General of the United Nations shall address the members of the Permanent Court of Arbitration belonging to the States Parties to this Statute and the members of national groups designated in accordance with article 4, paragraph 2, with a written proposal that for each national group to indicate, within a specified time limit, candidates who can assume the duties of members of the Court.
2. No group may nominate more than four candidates, and no more than two candidates may be citizens of the State represented by the group. The number of candidates nominated by a group may in no case exceed more than double the number of seats to be filled.
Article 6.
It is recommended that each group, prior to nominations, seek the views of the higher judicial authorities, law schools, law schools and academies in their country, as well as the national chapters of international academies for the study of law.
Article 7.
1. The Secretary General shall compile, in alphabetical order, a list of all persons who have been nominated. Except as provided for in paragraph 2 of Article 12, only persons on this list may be elected.
2. The Secretary General submits this list to the General Assembly and the Security Council.
Article 8.
The General Assembly and the Security Council shall proceed independently of each other to elect the members of the Court.
Article 9
When electing, voters should keep in mind that not only each elected individual must meet the requirements, but the entire composition of judges as a whole must ensure the representation of the main forms of civilization and the main legal systems of the world.
Article 10.
1. Candidates who have obtained an absolute majority of votes in both the General Assembly and the Security Council are considered elected.
2. Any vote in the Security Council, whether in the election of judges or in the appointment of members of the conciliation commission provided for in Article 12, shall be made without any distinction between permanent and non-permanent members of the Security Council.
3. In the event that an absolute majority of votes were cast in both the General Assembly and the Security Council for more than one citizen of the same State, only the oldest person shall be considered elected.
Article 11.
If, after the first meeting convened for the elections, one or more seats are not filled, a second, and, if necessary, a third meeting will take place.
Article 12.
1. If, after the third meeting, one or more seats are not filled, then at any time, at the request of either the General Assembly or the Security Council, a conciliation commission of six members may be convened: three appointed by the General Assembly and three appointed by the Security Council. to elect by an absolute majority of votes one person for each seat still vacant and submit his candidacy to the discretion of the General Assembly and the Security Council.
2. If the conciliation commission unanimously decides on the candidacy of any person who meets the requirements, his name may be included in the list, even if it was not included in the candidate lists provided for in Article 7.
3. If the conciliation commission is convinced that elections cannot be held, then the members of the Court already elected shall proceed, within a time limit determined by the Security Council, to fill the vacant seats by electing members of the Court from among the candidates for whom votes have been cast or by the General Assembly. or in the Security Council.
Article 13
1. The members of the Court are elected for nine years and may be re-elected, provided, however, that the term of office of five judges of the first composition of the Court expires in three years, and the term of office of another five judges after six years.
2. The Secretary General, immediately after the end of the first election, shall determine by lot which of the judges shall be elected for the above initial terms of three years and six years.
3. Members of the Court shall continue to perform their office pending replacement, they are obliged to complete the cases they have begun.
4. If a member of the Court submits a letter of resignation, that declaration shall be addressed to the President of the Court for transmission to the Secretary General. Upon receipt of the last application, the place is considered vacant.
Article 14.
Vacancies are filled in the same manner as for the first elections, subject to the following rule: within one month of the opening of the vacancy, the Secretary-General shall proceed to send the invitations provided for in Article 5, and the election day shall be determined by the Security Council.
Article 15.
A member of the Court elected to replace a member whose term of office has not yet expired shall remain in office until the expiration of the term of his predecessor.
Article 16
1. Members of the Court may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature.
2. Doubts on this matter are resolved by a ruling of the Court.
Article 17
1. No member of the Court may act as a representative, attorney or lawyer in any case.
2. None of the members of the court may participate in the resolution of any case in which he previously participated as chairman, attorney or advocate of one of the parties, or as a member of a national or international court, commission of inquiry or in any other capacity.
3. Doubts on this matter are resolved by a ruling of the Court.
Article 18.
1. A member of the Court may not be removed from office, unless, in the unanimous opinion of the other members, he ceases to meet the requirements.
2. The Secretary General shall be officially notified of this by the Registrar of the Court.
3. Upon receipt of this notice, the seat is considered vacant.
Article 19.
Members of the Court, in the exercise of their judicial duties, shall enjoy diplomatic privileges and immunities.
Article 20.
Each member of the Court is obliged, prior to assuming office, to make a solemn declaration at an open session of the Court that he will discharge his office impartially and in good faith.
Article 21.
1. The Court elects a President and a Vice-President for three years. They can be re-elected.
2. The Court shall appoint its Registrar and may make arrangements for the appointment of such other officers as may be necessary.
Article 22.
1. The seat of the Court is at The Hague. This, however, does not prevent the Court from sitting and exercising its functions elsewhere whenever the Court finds it desirable.
2. The President and the Registrar of the Court must reside at the seat of the Court.
Article 23.
1. The court sits on a permanent basis, with the exception of judicial vacations, the terms and duration of which are established by the Court.
2. Members of the Court are entitled to periodic leave, the time and duration of which shall be determined by the Court, taking into account the distance from The Hague to the permanent residence of each judge in his country.
3. Members of the Court shall be at the disposal of the Court at all times, except during periods of leave and absence due to illness or other serious reasons duly explained to the President.
Article 24.
1. If, for any special reason, a member of the Court considers that he should not participate in the resolution of a particular case, he shall inform the President thereof.
2. If the President finds that any of the members of the court should not, for any special reason, participate in the hearing on a particular case, he shall warn him about this.
3. If a disagreement arises between the member of the Court and the President, it shall be resolved by a ruling of the Court.
Article 25.
1. Except as otherwise specifically provided for in this Statute, the Court shall sit in its entirety.
2. Provided that the number of judges available per person for the formation of the Court is not less than eleven, the Rules of Court may provide that one or more judges may, depending on the circumstances, be exempted in turn from taking part in sittings.
3. A quorum of nine judges is sufficient to form a judicial presence.
Article 26.
1. The Court may, as necessary, establish one or more chambers, composed of three or more judges, at the discretion of the Court, to deal with certain categories of cases, for example, labor cases and cases concerning transit and communications.
2. The court may at any time constitute a chamber to deal with a particular case. The number of judges constituting such a chamber shall be determined by the Court with the approval of the parties.
3. Cases shall be heard and resolved by the chambers provided for in this article, if the parties so request.
Article 27.
A judgment rendered by one of the chambers provided for in Articles 26 and 29 shall be deemed to have been rendered by the Court itself.
Article 28.
The chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions in places other than The Hague.
Article 29.
In order to expedite the resolution of cases, the Court annually establishes a chamber of five judges, which, at the request of the parties, can hear and decide cases by summary procedure. To replace the judges who admit it is impossible for themselves to take part in the sessions, two additional judges are allocated.
Article 30.
1. The court draws up the Rules of Procedure defining the procedure for the exercise of its functions. The court, in particular, sets out the rules of the court procedure.
2. The Rules of the Court may provide for the participation in sessions of the Court or its chambers of assessors without a casting vote.
Article 31.
1. The judges, who are citizens of each of the parties, retain the right to participate in hearings on the case pending before the Court.
2. If there is a judge who is a citizen of one country on the composition of the court presence, any other party may choose to participate in the presence as a judge of a person of his choice. This person is elected primarily from among those who have been nominated as candidates in the manner provided for in Articles 4 and 5.
3. If in the composition of the court presence there is not a single judge who is a citizen of the parties, then each of these parties may elect a judge in accordance with the procedure provided for in paragraph 2 of this article.
4. The provisions of this article shall apply to the cases provided for in Articles 26 and 29. In such cases, the President shall request one or, if necessary, two members of the Court from the Chamber to cede their seats to the members of the Court who are citizens of the parties concerned, or, failing such, or in case of impossibility to be present, to judges specially elected by the parties.
5. If several sides have general question, then they, insofar as it concerns the application of the previous judgments, are considered as one party. In case of doubt on this point, they are resolved by a ruling of the Court.
6. Judges elected in accordance with paragraphs 2, 3 and 4 of this article must satisfy the conditions required by article 2 and paragraph 2 of article 17 and articles 20 and 24 of this Statute. They participate in decision-making on an equal footing with their colleagues.
Article 32.
1. Members of the Court receive an annual salary.
2. The chairman receives a special annual increase.
3. The Vice-President receives a special bonus for each day that he serves as President.
4. Judges elected under Article 31 who are not members of the Court shall receive remuneration for each day they perform their functions.
5. These salaries, allowances and remuneration are determined by the General Assembly. They cannot be reduced during the lifetime.
6. The salary of the Registrar of the Court shall be fixed by the General Assembly on the proposal of the Court.
7. The rules laid down by the General Assembly determine the conditions under which the members of the Court and the Registrar of the Court are awarded pensions upon their retirement, as well as the conditions under which the members and the Registrar of the Court are reimbursed for their travel expenses.
8. The above salaries, allowances and remuneration are exempt from all taxation.
Article 33.
The United Nations shall bear the expenses of the Court in a manner determined by the General Assembly.
Chapter II. Competence of the court
Article 34.
1. Only states can be parties to cases before the Court.
2. On the terms of its Rules and in accordance with them, the Court may request from public international organizations information relating to the cases pending before it, and also receives such information provided by these organizations on their own initiative.
3. When, in a case before the Court, it is required to interpret the constituent instrument of a public international organization or an international convention concluded by virtue of such instrument, the Registrar of the Court shall notify that public international organization and transmit to it copies of the entire written proceedings.
Article 35.
1. The Court is open to states that are parties to this Statute.
2. The conditions under which the Court is open to other states shall be determined by the Security Council, subject to the special provisions contained in the treaties in force; these conditions in no way can place the parties in an unequal position before the Court.
3. When a non-Member State of the United Nations is a party to a case, the Court shall determine the amount that party must contribute towards the expenses of the Court. This ruling does not apply if the state concerned is already contributing to the expenses of the Court.
Article 36.
1. The jurisdiction of the Court includes all cases that will be referred to it by the parties and all matters specifically provided for by the Charter of the United Nations or existing treaties and conventions.
2. States Parties to this Statute may at any time declare that they recognize, without special agreement, ipso facto, in respect of any other State accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:
a) the interpretation of the contract;
b) any question of international law;
c) the existence of a fact which, if established, would constitute a violation of an international obligation;
(d) The nature and amount of compensation due for breach of an international obligation.
3. The above statements can be unconditional, or on the basis of reciprocity on the part of certain states, or for a certain period of time.
4. Such declarations shall be deposited with the Secretary General, who shall transmit copies of such to the parties to this Statute and to the Registrar of the Court.
5. Declarations made pursuant to Article 36 of the Statute of the Permanent Court of International Justice that remain in force shall be deemed, as between the Parties to this Statute, their acceptance of the jurisdiction of the International Court of Justice for themselves, for the unexpired duration of these declarations and in accordance with the conditions in them set out.
6. In the event of a dispute about the jurisdiction of the case to the Court, the issue shall be settled by a ruling of the Court.
Article 37.
In all cases where a treaty or convention in force provides for the referral of a case to the Court, which was to be constituted by the League of Nations, or to the Permanent Court of International Justice, the case between the parties to this Statute shall be referred to the International Court of Justice.
Article 38.
1. The court, which is obliged to resolve disputes referred to it on the basis of international law, shall apply:
a) international conventions, both general and specific, establishing rules expressly recognized by the disputing states;
b) international custom as evidence of a general practice accepted as law;
c) general principles of law recognized by civilized nations;
d) with the reservation referred to in article 59, the judgments and doctrines of the most qualified specialists in public law of various nations as an aid to the determination of legal norms.
2. This Order does not limit the Court's right to adjudicate a case ex aequo et bono if the parties agree.
Chapter III. Legal proceedings
Article 39.
1. The official languages of the Court are French and English. If the parties agree to conduct the case in French, then the decision will be made in French. If the parties agree to conduct the case in English, then the decision will be made in English.
2. In the absence of agreement as to which language will be used, each party may use the language that it prefers in the court agreement; the judgment of the Court shall be rendered in French or English... In this case, the Court simultaneously determines which of the two texts is regarded as authentic.
3. The court is obliged, at the request of any party, to grant it the right to use a language other than French and English.
Article 40.
1. Cases are brought before the Court, as the case may be, either by notification of a special agreement or by a written statement addressed to the Registrar. In both Cases, the subject of the dispute and the parties must be indicated.
2. The secretary immediately communicates the application to all interested persons.
3. He also notifies the Members of the United Nations, through the Secretary General, as well as other States entitled to access the Court.
Article 41.
1. The court has the right to indicate, if, in its opinion, this is required by the circumstances, any provisional measures that must be taken to ensure the rights of each of the parties.
2. Pending the end of the decision, the proposed action shall be communicated immediately to the parties and the Security Council.
Art 42
1. The parties act through representatives.
2. They may use the assistance of attorneys or lawyers in the Court.
3. Representatives, attorneys and lawyers representing parties in the Court shall enjoy the privileges and immunities necessary for the independent exercise of their duties.
Article 43
1. Legal proceedings consist of two parts: written and oral proceedings.
2. Written proceedings shall consist of communication to the Court and to the parties of memorials, counter-memorials and, if required, replies to them, as well as all papers and documents confirming them.
3. These communications shall be made through the Registrar, in the manner and within the time limits established by the Court.
4. Any document produced by one of the parties must be communicated to the other in a certified copy.
5. Oral proceedings consist in the hearing by the Court of witnesses, experts, representatives of attorneys and lawyers.
Article 44
1. For the transmission of all notices to other persons, except for representatives of attorneys and lawyers, the Court shall apply directly to the government of the state on whose territory the notice is to be served.
2. The same rule applies in cases where it is necessary to take steps to obtain evidence on the spot.
Article 45.
Hearing shall be conducted under the direction of the President or, if he is unable to preside, the Vice-President; if neither one nor the other can preside, the senior judge present shall preside.
Art 46.
Hearings before the Court shall take place in public, unless otherwise decided by the Court or the parties do not require the public to be admitted.
Article 47.
1. Minutes shall be kept for each court session, signed by the Registrar and the President.
2. Only this protocol is authentic.
Article 48.
The court orders the direction of the case, determines the forms and time frames in which each party must finally state its arguments, and takes all measures related to the collection of evidence.
Article 49.
The court may, even before the commencement of the hearing, require representatives to produce any document or explanation. In case of refusal, an act is drawn up.
Article 50.
The court may at any time entrust the conduct of an investigation or examination to any person, collegium, bureau, commission or other organization of its choice.
Article 51.
At the hearing of the case, all relevant questions are asked to witnesses and experts, subject to the conditions determined by the Court in the Rules referred to in Article 30.
Article 52.
Once the evidence has been received within the time limits established for this, the Court may refuse to accept all further oral and written evidence that one of the parties wishes to produce without the consent of the other.
Article 53.
1. If one of the parties fails to appear before the Court or does not present its arguments, the other party may ask the Court to resolve the case in its favor.
2. The court is obliged, before granting this request, to ascertain not only the jurisdiction of the case, in accordance with Articles 36 and 37, but also whether this claim has a sufficient factual and legal basis.
Art 54
1. When the representatives, counsel and attorneys have completed their explanations in the case under the direction of the Court, the President shall declare the hearing closed.
2. The court withdraws to discuss decisions.
3. The meetings of the Court shall take place in closed session and shall be kept secret,
Article 58.
The decision is signed by the President and the Registrar of the Court. It shall be read out in open session of the Court after proper notification of the representatives of the parties.
Art 59
The decision of the Court is binding only for the parties involved in the case and only in this case.
Article 60.
The decision is final and not subject to appeal. In the event of a dispute over the meaning or scope of a decision, its interpretation belongs to the Court at the request of either party.
Art 61
1. A request for a review of a decision may be made only on the basis of newly discovered circumstances, which by their nature may have a decisive influence on the outcome of the case and which at the time of the decision were not known to either the Court or the party requesting the review, provided that the indispensable condition is that that such ignorance was not the result of negligence.
2. Proceedings on revision shall be opened by a ruling of the Court, which definitely establishes the existence of a new circumstance, recognizing for the latter the nature that gives rise to the revision of the case, and declares the acceptance, therefore, of the request for revision.
3. The court may require that the conditions of the judgment be fulfilled before it opens the proceeding to review the case.
4. The request for reconsideration must be made before the expiration of six months after the discovery of new circumstances.
5. No requests for revision can be made after ten years from the date of the decision.
Art 62
1. If any state considers that the decision in the case may affect any of its interests of a legal nature, then this state may apply to the Court with a request for permission to intervene in the case.
2. The decision on such a request lies with the Court.
Article 63.
1. In the event that a question arises about the interpretation of a convention, in which, in addition to the parties concerned, other states participate, the Registrar of the Court shall immediately notify all these states.
2. Each of the states that received such notification has the right to intervene, and if it exercises this right, the interpretation contained in the decision is equally binding on it.
Section 64
Unless otherwise determined by the Court, each party shall bear its own legal costs.
Chapter IV. Advisory opinions
CONSULTATIVE CONCLUSIONS
Section 65
1. The Court may give advisory opinions on any legal question at the request of any agency empowered to make such requests by the Charter of the United Nations itself or under that Charter.
2. Questions on which the advisory opinion of the Court is requested shall be submitted to the Court in a written application containing a precise statement of the question on which the opinion is required; all documents that may serve to clarify the issue are attached to it.
Article 66
1. The Registrar of the Court shall immediately communicate the declaration requesting an advisory opinion to all States entitled to access the Court.
2. In addition, the Registrar of the Court, by sending a special and immediate notification, informs any State having access to the Court, as well as any international organization which may, in the opinion of the Court (or its President, if the Court is not sitting), provide information on the matter that The Court is prepared to accept, within a time limit set by the President, written reports relating to the question, or to hear the same oral reports at a public meeting appointed for this purpose.
3. If such a State, which has the right of access to the Court, does not receive the special notification referred to in paragraph 2 of this article, it may wish to submit a written report or be heard; The court decides on this issue.
4. States and organizations that have submitted written or oral reports, or both, shall be admitted to the discussion of reports made by other States or organizations, in the forms, limits and timeframes established in each individual case by the Court or, if it is not sitting. , By the President of the Court. For this purpose, the Registrar of the Court shall communicate in due course all such written reports to the States and organizations which themselves have submitted such reports.
Art 67
The Court delivers its advisory opinions in open session, about which the Secretary General and representatives of directly interested Members of the United Nations, other states and international organizations are alerted.
Section 68
In exercising its advisory functions, the Court shall, in addition to that, be guided by the provisions of this Statute relating to contentious cases to the extent that the Court finds them applicable.
Chapter V. Amendments
Art 69
Amendments to this Statute shall be introduced in the same manner as the Charter of the United Nations provides for amendments to that Charter, subject, however, to all rules that may be established by the General Assembly on the recommendation of the Security Council regarding the participation of States not Members of the United Nations but which are parties to the Statute.
Section 70
The Court shall have the power to propose amendments to this Statute as it deems necessary, communicating them in writing to the Secretary General for further consideration in accordance with the rules laid down in Article 69.
The translation is official.
Amendment to Article 109 of the Charter of the United Nations
(Adopted by the XX General Assembly
United Nations 20 December 1965)
General Assembly,
Considering that the Charter of the United Nations has been amended to increase the membership of the Security Council as provided for in Article 23 from eleven to fifteen members and that decisions of the Security Council are deemed to have been taken, as provided for in Article 27, when filed for them the votes of nine, not seven, members of the Council,
Considering that these amendments necessitate amendments to Article 109 of the Constitution,
1.Decides, in accordance with Article 108 of the Charter of the United Nations, to accept the following amendment to the Charter and to submit it for ratification by the Member States of the United Nations:
"In the first sentence of paragraph 1 of Article 109, replace the word" seven "with the word" nine "",
2. Calls upon all Member States of the Organization to ratify the above amendment as soon as possible in accordance with their constitutional procedure.
The USSR instrument of ratification was deposited with the Secretary General of the United Nations on September 22, 1966.
The amendment entered into force on June 12, 1968.
Document revision taking into account
changes and additions prepared
JSC "Codex"
History
Permanent Court of International Justice
The first international judicial body designed for the peaceful settlement of disputes was the Permanent Court of International Justice (PJJJ), established in 1920 under the auspices of the League of Nations.
The House was created and funded by the League of Nations, however, the House was not part of the League, and its Statute was not part of the Statute of the League. A state that became a member of the League did not automatically become a party to the PPMP statute. On the other hand, several hundred treaties have been signed providing for the jurisdiction of the PPMP in disputes arising from these treaties.
Between 1922 and 1940, the PMJP adjudicated 29 state disputes and issued 27 advisory opinions, almost all of which were implemented. The Chamber has also made a significant contribution to the development of international law. Its activities were interrupted by the Second World War, and then, in 1946, together with the League of Nations, the Chamber was dissolved. The successor to the Chamber is the International Court of Justice of the United Nations.
Establishment of the International Court of Justice
At that Conference, it was decided to establish a new judicial organ, which, in accordance with the final adopted Article 92 of the Charter of the United Nations, “is the principal judicial organ of the United Nations” and operates in accordance with its Statute. In accordance with the same provision, the Statute of the International Court of Justice annexed to the Charter of the United Nations forms an integral part of the Charter. The Statute was adopted unanimously together with the Statute at the conclusion of the Conference on June 25, 1945, and entered into force in accordance with paragraph 3 of Article 110 of the Statute on October 24, 1945.
The Court first met on 3 April 1946 at the Peace Palace and on 6 April elected its President, Vice-President and Registrar. The first President of the Court was Judge José Gustavo Guerrero (El Salvador), who served as President of the PMPP until its dissolution. On April 18, 1946, the International Court of Justice held its first public session.
UN Charter on the International Court of Justice
The UN Charter contains Chapter XIV "International Court of Justice", consisting of five articles (Articles 92 - 96), which define the general most important provisions concerning the Court.
Article 92 provides:
The International Court of Justice is the main judicial organ of the United Nations. It acts in accordance with the attached Statute, which is based on the Statute of the Permanent Court of International Justice and forms an integral part of this Statute.
Article 93 paragraph 1 determines that all UN member states are ipso facto parties to the statute of the Court. This is a significant difference from the state of affairs that existed under the League of Nations, when a member state of the League could not be a party to the statute of the PPMP.
According to Article 93 par. 2, a non-UN member state can also become a party to the statute on conditions that are determined in each case by the General Assembly on the recommendation of the Security Council.
Article 94 obliges states to comply with the decisions of the Court in cases to which they are parties. In cases where a party to a case fails to comply with a judgment of the Court, the other party can apply to the Security Council, which in turn can make recommendations or take steps to enforce the judgment.
Article 96 grants the General Assembly and the Security Council the right to seek advisory opinions from the International Court of Justice on any legal issue... Other UN bodies and specialized organizations, which have received the appropriate permission from the General Assembly, can also request advisory opinions, but only on such legal issues that arise within their range of activities.
Structure and composition of the Statute
The statute is divided into 5 chapters and contains total 70 articles.
The statute starts 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, is constituted and operates in accordance with the following provisions of this Statute.
The remaining 69 articles are grouped into 5 chapters:
- Chapter I: Organization of the Court (Articles 2-33)
- Chapter II: Competence of the Court (Articles 34-38)
- Chapter III: Legal proceedings (arts. 39-64)
- Chapter IV: Advisory Opinions (Articles 65-68)
- Chapter V: Amendments (Articles 69-70).
CHAPTER I: Organization of the Court
Articles 2-33 of the Statute govern the organization of the Court.
The court consists of 15 members, while “it cannot include two citizens of the same state”. Candidates are nominated not by states, but by national groups of the Permanent Court of Arbitration. The members of the Court are elected independently by the General Assembly and the Security Council of the Court.
Judges are elected for 9 years and can be re-elected (Art. 13). They are not allowed to carry out any political or administrative duties, they "cannot devote themselves to any other occupation of a professional nature." In the exercise of their judicial duties, judges enjoy diplomatic privileges and immunities. The Court elects its President and Vice-President for three years; subsequently they can be re-elected (Art. 21).
The seat of the Court is established in The Hague, but the Court is not prohibited from “sitting and exercising its functions elsewhere in all cases when the Court finds it desirable” (Article 22). The court may sit either as a whole or form chambers with three or more judges.
Article 31 contains provisions regarding the right of a party (state) to be represented in the Court by a judge who is of its nationality. If there are already judges in the composition of the Court who are citizens of one or the other side, then these judges “retain the right to participate in hearings on the case pending before the Court”. If the Court does not have a judge who has the citizenship of one of the parties, then she has the right to elect a judge to participate in this case. The judges thus elected "participate in decision-making on an equal footing with their colleagues."
Article 32 regulates matters related to the financial support of the members of the Court and its President, Vice-President and Registrar, while Article 33 specifies that the expenses of the Court shall be borne by the United Nations.
CHAPTER II: Competence of the Court
Articles 34-38 of the Statute regulate the competence of the Court.
Article 34 establishes general position, according to which only states can be parties to the case before the court. Hence, in particular, it follows that the UN does not have the right to submit complaints before its main judicial body.
Article 36 governs the jurisdiction of the Court in specific disputes. Paragraphs 1 and 2 of this article indicate three ways in which a case can be initiated before the Court. These include:
- Initiation of a case by agreement of the parties.
- Initiation of a case on the basis of a previously concluded agreement providing for the transfer of disputes of a certain category to the Court by way of a unilateral statement by one of the parties.
- Initiation of a case on the basis of a declaration by a State party to the Statute of the Court accepting the jurisdiction of the Court as compulsory in relation to any other State that has assumed the same obligation.
At the same time, Article 36, paragraph 6 of the Statute explains that “in the event of a dispute about the jurisdiction of the case to the Court, the issue shall be resolved by the determination of the Court”.
Article 38, which is considered one of the most important in the Statute, in paragraph 1 indicates the sources of law applied by the court. In addition to them, Art. 38 par 2 grants the Court the right to “decide the case ex aequo et bono if the parties agree with it”.
CHAPTER III: Legal proceedings
The articles of the chapter define the procedures and order of the legal proceedings. The official languages of the Court are French and English (art. 39, para. 1). However, at the request of either party, the Court is obliged to grant it the right to use a language other than French and English (Article 39, paragraph 3).
Hearings before the Court are held in public, unless “otherwise decided by the Court or if the parties do not demand that the public should not be admitted” (Art. 46), and the meetings of the Court from the public are closed and kept secret (Art. 54, para. 3) ... In this case, "all issues are resolved by a majority of votes of the judges present" (Art. 55, p. 1), and in the event of an equal number of votes, “the vote of the Chairman or a substitute Judge gives a preponderance” (Art. 55, p. 1).
Article 60 provides that the decision of the Court is final and not subject to appeal. At the same time, it is allowed to appeal to the Court with a request to reconsider the decision, but “only on the basis of newly discovered circumstances, which by their nature can have a decisive influence on the outcome of the case and which, when the decision was made, were not known either to the Court or to the party asking for revision, with the indispensable condition that such ignorance was not the result of negligence ”(Article 61, paragraph 1). A request for a reconsideration of the case must be made before the expiration of a six-month period after the discovery of new circumstances (Article 61, paragraph 4); in any case, the possibility of filing a request is limited to ten years from the date of the decision (art. 61, paragraph 5).
Article 41 stands out from the rest of chapter III for its content, as it deals with a question more important than the question of procedure. This article grants the Court the right to specify “interim measures to be taken to ensure the rights of each party”, with immediate communication of the proposed measures to the parties and the Security Council.
CHAPTER IV: Advisory Opinions
Articles 65-68 prescribe what may be the subject of advisory opinions of the Court. Article 65 establishes the general principle that “the Court may give advisory opinions on any legal question, at the request of any agency authorized to make such requests by the Charter of the United Nations itself or under that Charter”.
CHAPTER V: Amendments
Articles 69 and 70, which make up chapter V, refer to amendments to the Constitution. Since the Statute is an integral part of the UN Charter, Art. 69 specifies that amendments to the Statute are introduced in the same manner as amendments to the Statute. In addition, given that States that are not members of the UN can be parties to the Statute, Art. 69 stipulates that the procedure for amending the Statute is subject to all rules established in respect of these states by the General Assembly.
Notes (edit)
Comments (1)
- ipso facto (Latin ipso facto - literally "by the fact itself") - by virtue of the fact itself, by virtue of this alone or by itself.
- This was precisely the position of the USSR from 1934 to 1939.
- Before becoming members of the UN, Switzerland (1948-2002), Liechtenstein (1950-1990), San Marino (1954-1992), Japan (1954-1956) and Nauru (1988- 1999). As of 2014, only UN member states are parties to the Statute.
- Currently, the right to request advisory opinions is granted to three bodies (the Economic and Social Council, the Trusteeship Council and the Intersessional Committee of the General Assembly) and 16 UN agencies (UNESCO, the International Labor Organization, the World Health Organization, the World Bank, the International Civil Aviation Organization and etc.).
- Such judges are usually referred to as judges. ad hoc.
- ex aequo et bono - in fairness. That is, in this case, when making a decision, the Court is not bound by the norms of law, but is guided by considerations of justice and common sense
Statute - International Court of Justice
Statute of the International Court of Justice 1945 / / International law in documents / Comp.
Statute of the International Court of Justice / / International law in force / Comp.
Among the first are the sources listed in Art. 38 of the Statute of the International Court of Justice, international conventions (agreements, treaties) establishing rules that are definitely recognized by states as binding legal norms, resolutions of some international organizations that are binding on states - members of these organizations; international custom, general principles and, with some reservations, judicial decisions.
The Charter consists of a preamble, 19 chapters, 111 articles and the Statute of the International Court of Justice.
This Convention shall remain open until December 31, 1958, for signature on behalf of any Member of the United Nations, as well as on behalf of any State that is or will subsequently become a member of any specialized agency The United Nations, or which is or will subsequently become a party to the Statute of the International Court of Justice, or any other state that will be invited by the General Assembly of the United Nations.
This Convention shall remain open until 31 December 1958 for signature on behalf of any Member of the United Nations, as well as on behalf of any State which is or will subsequently become a member of any specialized agency of the United Nations, or which is or will subsequently become a party to the Statute of the International Court of Justice. or any other state to be invited by the General Assembly of the United Nations.
In Art. 38 of the Statute of the International Court of Justice is noted.
The Charter of the United Nations adopted at the conference consists of a preamble and 19 chapters: 1) Purposes and principles; 2) Members of the organization; 3) Bodies; 4) General Assembly; 5) the Security Council; 6) Peaceful settlement of disputes; 7) Actions in relation to threats to peace, violations of the peace and acts of aggression; 8) Regional agreements; 9) International economic and social cooperation; 10) Economic and Social Council; 11) Declaration in respect of Non-Self-Governing Territories; 12) International system guardianship; 13) Trusteeship Council; 14) International Court of Justice; 15) Secretariat; 16) Miscellaneous regulations; 17) Security measures during the transition period; 18) Amendments; 19) Ratification and signature. The Statute of the International Court of Justice is annexed to the Statute as an integral part of it.
The International Court of Justice acts on the basis of the UN Charter and the Statute of the International Court of Justice, which is an integral part of the Charter. Non-member states of the United Nations may also participate in the Statute of the International Court of Justice under conditions determined on a case-by-case basis by the General Assembly on the recommendation of the Security Council.
This Convention is open for signature on behalf of the member states of the Bank. It is also open for signature on behalf of any other State which is a party to the Statute of the International Court of Justice and to which the Governing Body, by a vote of two-thirds of its members, has invited to sign this Convention.
Implemented in accordance with the UN Convention on maritime law 1982 (entered into force on November 16, 1994), through an agreement between the states concerned on the basis of international law, as defined in Art. 38 of the Statute of the International Court of Justice, in order to achieve a fair decision.
The competence of the Security Council also includes the development of plans for the creation of a system for the regulation of armaments; the definition of strategic areas of trusteeship and the implementation of UN functions in relation to them. The Security Council makes recommendations to the General Assembly on the admission of new UN members, on the suspension of the rights and privileges of members of the Organization, on exclusion from the UN, on the conditions on which non-UN member states can become parties to the statute of the International Court of Justice, on the appointment of a Secretary General ... Without these recommendations, the General Assembly cannot make an appropriate decision. The Security Council participates (in parallel with the General Assembly) in the election of members of the International Court of Justice.
It establishes in a binding form the basic principles and norms of behavior of states in the world arena and emphasizes that states must strictly observe the principles of prohibition of the use of force and the threat of force, the peaceful resolution of international disputes, non-interference in internal affairs, the sovereign equality of states, the conscientious fulfillment of international obligations, etc. An integral part of the Charter is the Statute of the International Court of Justice.
Therefore, the explicit consent of the state concerned is required to subordinate the jurisdiction of an international body. So, according to Art. 36 of the Statute of the International Court of Justice, states can (but are not obliged) to declare that they are bound by the jurisdiction of the International Court of Justice. The overwhelming majority of states have not yet recognized its compulsory jurisdiction.
International Court
- Chapter I: Organization of the court (arts.2-33)
- Chapter II: Competence of the Court (Articles 34-38)
- Chapter III: Legal proceedings (arts. 39-64)
- Chapter IV: Advisory Opinions (arts. 65-68)
- Chapter V: Amendments (Articles 69-70)
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 operate in accordance with the following provisions of this Statute.
CHAPTER I: Organization of the Court
The Court is composed of a panel of independent judges, elected, regardless of their nationality, from among persons of high moral character who meet the requirements in their countries for appointment to the highest judicial office, or who are lawyers of recognized authority in the field of international law.
1. The court consists of fifteen members, and it cannot include two citizens of the same state.
2. A person who can be considered, as applied to the composition of the Court, as a citizen of more than one state, is considered a citizen of the state in which he usually exercises his civil and political rights.
1. The members of the Court shall be elected by the General Assembly and the Security Council from among the individuals nominated by the national groups of the Permanent Court of Arbitration, in accordance with the following provisions.
2. With regard to Members of the United Nations not represented on the Permanent Court of Arbitration, candidates shall be nominated by national groups designated for this purpose by their governments, subject to the conditions established for members of the Permanent Court of Arbitration by Article 44 of the 1907 Hague Convention Concerning the Peaceful Settlement of International collisions.
3. The conditions under which a State Party to this Statute, but which is not a member of the United Nations, may participate in the election of the members of the Court shall be determined, in the absence of special agreement, by the General Assembly on the recommendation of the Security Council.
1. At least three months before election day, the Secretary-General of the United Nations shall address the members of the Permanent Court of Arbitration belonging to the States Parties to this Statute and the members of the national groups designated in accordance with article 4, paragraph 2, with a written proposal that that each national group will indicate, within a specified time limit, candidates who can assume the duties of members of the Court.
2. No group may nominate more than four candidates, and no more than two candidates may be citizens of the State represented by the group. The number of candidates nominated by a group may in no case exceed more than double the number of seats to be filled.
It is recommended that each group, prior to nominations, seek the views of the higher judicial authorities, law schools, law schools and academies in their country, as well as the national chapters of international academies for the study of law.
1. The Secretary General shall compile, in alphabetical order, a list of all persons who have been nominated. Except as provided for in paragraph 2 of Article 12, only persons on this list may be elected.
2. The Secretary General submits this list to the General Assembly and the Security Council.
The General Assembly and the Security Council shall proceed independently of each other to elect the members of the Court.
When electing, voters should keep in mind that not only each elected individual must meet all the requirements, but the entire composition of judges as a whole must ensure the representation of the main forms of civilization and the main legal systems of the world.
1. Candidates who have obtained an absolute majority of votes in both the General Assembly and the Security Council are considered elected.
2. Any vote in the Security Council, whether in the election of judges or in the appointment of members of the conciliation commission provided for in Article 12, shall be made without any distinction between permanent and non-permanent members of the Security Council.
3. In the event that an absolute majority of votes were cast in both the General Assembly and the Security Council for more than one citizen of the same State, only the oldest person shall be considered elected.
If, after the first meeting called for the elections, one or more seats are not filled, a second, and if necessary, a third meeting will take place.
1. If, after the third meeting, one or more seats are not filled, then at any time, at the request of either the General Assembly or the Security Council, a conciliation commission of six members may be convened: three appointed by the General Assembly and three appointed by the Security Council. to elect by an absolute majority of votes one person for each seat still vacant and submit his candidacy to the discretion of the General Assembly and the Security Council.
2. If the conciliation commission unanimously decides on the candidacy of any person who meets the requirements, his name may be included in the list, even if it was not included in the candidate lists provided for in Article 7.
3. If the conciliation commission comes to the conclusion that elections cannot take place, then the members of the Court, already elected, proceed, within a time limit determined by the Security Council, to fill the vacant seats by electing members of the Court from among the candidates for whom votes were cast or in the General Assembly. Assembly or in the Security Council.
1. The members of the Court are elected for nine years and may be re-elected, provided, however, that the term of office of five judges of the first composition of the Court expires in three years, and the term of office of another five judges after six years.
2. The Secretary General, immediately after the end of the first election, shall determine by lot which of the judges shall be elected for the above initial terms of three years and six years.
3. Members of the Court shall continue to exercise their office pending their replacement. Even after being replaced, they are required to complete the work they have begun.
4. If a member of the Court submits a letter of resignation, that declaration shall be addressed to the President of the Court for transmission to the Secretary General. Upon receipt of the last application, the place is considered vacant.
Vacancies are filled in the same manner as for the first elections, subject to the following rule: within one month of the opening of the vacancy, the Secretary-General shall proceed to send the invitations provided for in Article 5, and the election day shall be determined by the Security Council.
A member of the Court elected to replace a member whose term of office has not yet expired shall remain in office until the expiration of the term of his predecessor.
1. Members of the Court may not perform any political or administrative duties and may not devote themselves to any other occupation of a professional nature.
2. Doubts on this matter are resolved by a ruling of the Court.
1. No member of the Court may act as a representative, attorney or lawyer in any case.
2. No member of the Court may participate in the resolution of any case in which he has previously participated as a representative, attorney or advocate of one of the parties, or as a member of a national or international court, commission of inquiry or in any other capacity.
3. Doubts on this matter are resolved by a ruling of the Court.
1. A member of the Court may not be removed from office, unless, in the unanimous opinion of the other members, he ceases to meet the requirements.
2. The Secretary General shall be officially notified of this by the Registrar of the Court.
3. Upon receipt of this notification, the seat is considered vacant.
Members of the Court, in the exercise of their judicial duties, shall enjoy diplomatic privileges and immunities.
Each member of the Court is obliged, prior to assuming office, to make a solemn declaration at an open session of the Court that he will discharge his office impartially and in good faith.
1. The Court elects a President and a Vice-President for three years. They can be re-elected.
2. The Court shall appoint its Registrar and may make arrangements for the appointment of such other officers as may be necessary.
1. The seat of the Court is at The Hague. This, however, does not prevent the Court from sitting and exercising its functions elsewhere whenever the Court finds it desirable.
2. The President and the Registrar of the Court must reside at the seat of the Court.
1. The court sits on a permanent basis, with the exception of judicial vacations, the terms and duration of which are established by the Court.
2. Members of the Court are entitled to periodic leave, the time and duration of which shall be determined by the Court, taking into account the distance from The Hague to the permanent residence of each judge in his country.
3. Members of the Court shall be at the disposal of the Court at all times, except during periods of leave and absence due to illness or other serious reasons duly explained to the President.
1. If, for any special reason, a member of the Court considers that he should not participate in the resolution of a particular case, he shall inform the President thereof.
2. If the President finds that a member of the Court should not, for any special reason, attend a hearing on a particular case, he shall warn him of this.
3. If a disagreement arises between the member of the Court and the President, it shall be resolved by a ruling of the Court.
1. Except as otherwise specifically provided for in this Statute, the Court shall sit in its entirety.
2. Provided that the number of judges available for the formation of the Court is not less than eleven, the Rules of the Court may provide that one or more judges may, depending on the circumstances, be exempted in turn from taking part in sittings.
3. A quorum of nine judges is sufficient to form a judicial presence.
1. The Court may, as necessary, establish one or more chambers, composed of three or more judges, at the discretion of the Court, to deal with certain categories of cases, for example, labor cases and cases concerning transit and communications.
2. The court may at any time set up a chamber to deal with a particular case. The number of judges constituting such a chamber shall be determined by the Court with the approval of the parties.
3. Cases shall be heard and resolved by the chambers provided for in this article, if the parties so request.
A judgment rendered by one of the chambers provided for in Articles 26 and 29 shall be deemed to have been rendered by the Court itself.
The chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions in places other than The Hague.
In order to expedite the resolution of cases, the Court annually establishes a chamber of five judges, which, at the request of the parties, can hear and decide cases under summary judgment. To replace the judges who admit it is impossible for themselves to take part in the sessions, two additional judges are allocated.
1. The court draws up the Rules of Procedure defining the procedure for the exercise of its functions. The court, in particular, sets out the rules of the court procedure.
2. The Rules of the Court may provide for the participation in sessions of the Court or its chambers of assessors without a casting vote.
1. The judges, who are citizens of each of the parties, retain the right to participate in hearings on the case pending before the Court.
2. If there is a judge who is a citizen of one party in the composition of the court presence, any other party may elect to participate in the presence as a judge a person of its choice. This person is elected primarily from among those who have been nominated as candidates in the manner provided for in Articles 4 and 5.
3. If in the composition of the court presence there is not a single judge who is a citizen of the parties, then each of these parties may elect a judge in accordance with the procedure provided for in paragraph 2 of this article.
4. The provisions of this article shall apply to the cases provided for in Articles 26 and 29. In such cases, the President shall request one or, if necessary, two members of the Court from the Chamber to cede their seats to the members of the Court who are citizens of the parties concerned, or, failing such, or in case of impossibility to be present, to judges specially elected by the parties.
5. If several parties have a common interest, they, insofar as it concerns the application of the previous provisions, are considered as one party. In case of doubt on this point, they are resolved by a ruling of the Court.
6. Judges elected in accordance with paragraphs 2, 3 and 4 of this article must satisfy the conditions required by article 2 and paragraph 2 of article 17 and articles 20 and 24 of this Statute. They participate in decision-making on an equal footing with their colleagues.
1. Members of the Court receive an annual salary.
2. The chairman receives a special annual increase.
3. The Vice-President receives a special bonus for each day that he serves as President.
4. Judges elected under Article 31 who are not members of the Court shall receive remuneration for each day they perform their functions.
5. These salaries, allowances and remuneration are determined by the General Assembly. They cannot be reduced during the lifetime.
6. The salary of the Registrar of the Court shall be fixed by the General Assembly on the proposal of the Court.
7. The rules laid down by the General Assembly determine the conditions under which the members of the Court and the Registrar of the Court are awarded pensions upon their retirement, as well as the conditions under which the members and the Registrar of the Court are reimbursed for their travel expenses.
8. The above salaries, allowances and remuneration are exempt from all taxation.
The United Nations shall bear the expenses of the Court in a manner determined by the General Assembly.
CHAPTER II: Competence of the Court
1. Only states can be parties to cases before the Court.
2. On the terms of its Rules and in accordance with them, the Court may request from public international organizations information relating to the cases pending before it, as well as receive similar information provided by these organizations on their own initiative.
3. When, in a case before the Court, it is required to interpret the constituent instrument of a public international organization or an international convention concluded by virtue of such instrument, the Registrar of the Court shall notify that public international organization and transmit to it copies of the entire written proceedings.
1. The Court is open to states that are parties to this Statute.
2. The conditions under which the Court is open to other states shall be determined by the Security Council, subject to the special provisions contained in the treaties in force; these conditions in no way can place the parties in an unequal position before the Court.
3. When a non-Member State of the United Nations is a party to a case, the Court shall determine the amount that party must contribute towards the expenses of the Court. This ruling does not apply if the state concerned is already contributing to the expenses of the Court.
1. The jurisdiction of the Court includes all cases that will be referred to it by the parties and all matters specifically provided for by the Charter of the United Nations or existing treaties and conventions.
2. States Parties to this Statute may at any time declare that they recognize, without special agreement, ipso facto, in respect of any other State accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:
a) the interpretation of the contract;
b) any question of international law;
c) the existence of a fact which, if established, would constitute a violation of an international obligation;
(d) The nature and amount of compensation due for breach of an international obligation.
3. The above statements can be unconditional, or on the basis of reciprocity on the part of certain states, or for a certain period of time.
4. Such declarations shall be deposited with the Secretary General, who shall transmit copies of such to the parties to this Statute and to the Registrar of the Court.
5. Declarations made pursuant to Article 36 of the Statute of the Permanent Court of International Justice that remain in force shall be deemed, as between the Parties to this Statute, their acceptance of the jurisdiction of the International Court of Justice for themselves, for the unexpired duration of these declarations and in accordance with the conditions in them set out.
6. In the event of a dispute about the jurisdiction of the case to the Court, the issue shall be settled by a ruling of the Court.
In all cases where a treaty or convention in force provides for the referral of a case to the Court, which was to be constituted by the League of Nations, or to the Permanent Court of International Justice, the case between the parties to this Statute shall be referred to the International Court of Justice.
1. The court, which is obliged to resolve disputes referred to it on the basis of international law, shall apply:
a) international conventions, both general and specific, establishing rules expressly recognized by the disputing states;
b) international custom as evidence of a general practice accepted as law;
c) general principles of law recognized by civilized nations;
d) with the reservation referred to in article 59, the judgments and doctrines of the most qualified specialists in public law of various nations as an aid to the determination of legal norms.
2. This Order does not limit the Court's right to adjudicate a case ex aequo et bono if the parties agree.
CHAPTER III: Legal proceedings
1. The official languages of the Court are French and English. If the parties agree to conduct the case in French, then the decision will be made in French. If the parties agree to conduct the case in English, then the decision will be made in English.
2. In the absence of agreement as to which language will be used, each party may use the language that it prefers in the court agreement; the judgment of the Court is delivered in French or English. In this case, the Court simultaneously determines which of the two texts is regarded as authentic.
3. The court is obliged, at the request of any party, to grant it the right to use a language other than French and English.
1. Cases are brought before the Court, as the case may be, either by notification of a special agreement or by a written statement addressed to the Registrar. In both cases, the subject of the dispute and the parties must be indicated.
2. The secretary immediately communicates the application to all interested persons.
3. He also notifies the Members of the United Nations, through the Secretary General, as well as other States entitled to access the Court.
1. The court has the right to indicate, if, in its opinion, this is required by the circumstances, any provisional measures that must be taken to ensure the rights of each of the parties.
2. Pending the end of the decision, the proposed action shall be communicated immediately to the parties and the Security Council.
1. The parties act through representatives.
2. They may use the assistance of attorneys or lawyers in the Court.
3. Representatives, attorneys and lawyers representing parties in the Court shall enjoy the privileges and immunities necessary for the independent exercise of their duties.
1. Legal proceedings consist of two parts: written and oral proceedings.
2. Written proceedings shall consist of communication to the Court and to the parties of memorials, counter-memorials and, if required, replies to them, as well as all papers and documents confirming them.
3. These communications shall be made through the Registrar, in the manner and within the time limits established by the Court.
4. Any document produced by one of the parties must be communicated to the other in a certified copy.
5. Oral proceedings consist in the hearing by the Court of witnesses, experts, representatives, attorneys and lawyers.
1. For the transmission of all notifications to persons other than representatives, attorneys and lawyers, the Court shall apply directly to the government of the state on whose territory the notification is to be served.
2. The same rule applies in cases where it is necessary to take steps to obtain evidence on the spot.
Hearing shall be conducted under the direction of the President or, if he is unable to preside, the Vice-President; if neither one nor the other can preside, the senior judge present shall preside.
Hearings before the Court shall take place in public, unless otherwise decided by the Court or the parties do not require the public to be admitted.
1. Minutes shall be kept for each court session, signed by the Registrar and the President.
2. Only this protocol is authentic.
The court orders the direction of the case, determines the forms and time frames in which each party must finally state its arguments, and takes all measures related to the collection of evidence.
The court may, even before the commencement of the hearing, require representatives to produce any document or explanation. In case of refusal, an act is drawn up.
The court may at any time entrust the conduct of an investigation or examination to any person, collegium, bureau, commission or other organization of its choice.
At the hearing of the case, all relevant questions are asked to witnesses and experts, subject to the conditions determined by the Court in the Rules referred to in Article 30.
Once the evidence has been received within the time limits established for this, the Court may refuse to accept all further oral and written evidence that one of the parties wishes to produce without the consent of the other.
1. If one of the parties does not appear before the Court or does not present its arguments, the other party may ask the Court to resolve the case in its favor.
2. The court is obliged, before granting this request, to ascertain not only the jurisdiction of the case, in accordance with Articles 36 and 37, but also whether this claim has a sufficient factual and legal basis.
1. When the representatives, counsel and attorneys have completed their explanations in the case under the direction of the Court, the President shall declare the hearing closed.
2. The court withdraws to discuss decisions.
3. The meetings of the Court shall take place in closed session and shall be kept secret.
1. The decision must contain the considerations on which it is based.
2. The decision contains the names of the judges who participated in its adoption.
If the decision, in whole or in part, does not express the unanimous opinion of the judges, then each judge has the right to present his dissenting opinion.
The decision is signed by the President and the Registrar of the Court. It shall be read out in open session of the Court after proper notification of the representatives of the parties.
The decision of the Court is binding only for the parties involved in the case and only in this case.
The decision is final and not subject to appeal. In the event of a dispute over the meaning or scope of a decision, its interpretation belongs to the Court at the request of either party.
1. A request for a review of a decision may be made only on the basis of newly discovered circumstances, which by their nature may have a decisive influence on the outcome of the case and which at the time of the decision were not known to either the Court or the party requesting the review, provided that the indispensable condition is that that such ignorance was not the result of negligence.
2. Proceedings on revision shall be opened by a ruling of the Court, which definitely establishes the existence of a new circumstance, recognizing for the latter the nature that gives rise to the revision of the case, and declares the acceptance, therefore, of the request for revision.
3. The court may require that the conditions of the judgment be fulfilled before it opens the proceeding to review the case.
4. The request for reconsideration must be made before the expiration of six months after the discovery of new circumstances.
5. No requests for revision can be made after ten years from the date of the decision.
1. If any state considers that the decision in the case may affect any of its interests of a legal nature, then this state may apply to the Court with a request for permission to intervene in the case.
2. The decision on such a request lies with the Court.
1. In the event that a question arises about the interpretation of a convention, in which, in addition to the parties concerned, other states participate, the Registrar of the Court shall immediately notify all these states.
2. Each of the states that received such notification has the right to intervene, and if it exercises this right, the interpretation contained in the decision is equally binding on it.
Unless otherwise determined by the Court, each party shall bear its own legal costs.
CHAPTER IV: Advisory Opinions
1. The Court may give advisory opinions on any legal matter at the request of any agency empowered to make such requests by the Charter of the United Nations itself or under that Charter.
2. Questions on which the advisory opinion of the Court is requested shall be submitted to the Court in a written statement containing a precise statement of the question on which the opinion is required; all documents that may serve to clarify the issue are attached to it.
1. The Registrar of the Court shall immediately communicate the declaration requesting an advisory opinion to all States entitled to access the Court.
2. In addition, the Registrar of the Court, by sending a special and immediate notification, informs any State having access to the Court, as well as any international organization which may, in the opinion of the Court (or its President, if the Court is not sitting), provide information on the matter that The Court is prepared to accept, within a time limit set by the President, written reports relating to the question, or to hear the same oral reports at a public meeting appointed for this purpose.
3. If such a State, which has the right of access to the Court, does not receive the special notification referred to in paragraph 2 of this article, it may wish to submit a written report or be heard; The court decides on this issue.
4. States and organizations that have submitted written or oral reports, or both, shall be admitted to the discussion of reports made by other States or organizations, in the forms, limits and timeframes established in each individual case by the Court or, if it is not sitting. , By the President of the Court. For this purpose, the Registrar of the Court shall communicate in due course all such written reports to the States and organizations which themselves have submitted such reports.
The Court delivers its advisory opinions in open session, about which the Secretary General and representatives of directly interested members of the United Nations, other states and international organizations are alerted.
In exercising its advisory functions, the Court shall, in addition to that, be guided by the provisions of this Statute relating to contentious cases to the extent that the Court finds them applicable.
CHAPTER V: Amendments
Amendments to this Statute shall be introduced in the same manner as the Charter of the United Nations provides for amendments to that Charter, subject, however, to all rules that may be established by the General Assembly on the recommendation of the Security Council regarding the participation of States not Members of the United Nations but which are parties to the Statute.
The Court shall have the power to propose amendments to this Statute as it deems necessary, communicating them in writing to the Secretary General for further consideration in accordance with the rules laid down in Article 69.