Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties and selected other international instruments
- List of abbreviations
- 1 The nature and development of international law
- 2 International law today
- 3 Sources
- 4 International law and municipal law
- 5 The subjects of international law
- 6 The international protection of human rights
- 7 The regional protection of human rights
- 8 Individual criminal responsibility in international law
- 9 Recognition
- 10 Territory
- 11 The law of the sea
- 12 Jurisdiction
- 13 Immunities from jurisdiction
- 14 State responsibility
- 15 International environmental law
- 16 The law of treaties
- 17 State succession
- 18 The settlement of disputes by peaceful means
- 19 The International Court of Justice
- 20 International law and the use of force by states
- 21 International humanitarian law
- 22 The United Nations
- 23 International institutions
- Some useful international law websites
- Index
19 - The International Court of Justice
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties and selected other international instruments
- List of abbreviations
- 1 The nature and development of international law
- 2 International law today
- 3 Sources
- 4 International law and municipal law
- 5 The subjects of international law
- 6 The international protection of human rights
- 7 The regional protection of human rights
- 8 Individual criminal responsibility in international law
- 9 Recognition
- 10 Territory
- 11 The law of the sea
- 12 Jurisdiction
- 13 Immunities from jurisdiction
- 14 State responsibility
- 15 International environmental law
- 16 The law of treaties
- 17 State succession
- 18 The settlement of disputes by peaceful means
- 19 The International Court of Justice
- 20 International law and the use of force by states
- 21 International humanitarian law
- 22 The United Nations
- 23 International institutions
- Some useful international law websites
- Index
Summary
The impetus to create a world court for the international community developed as a result of the atmosphere engendered by the Hague Conferences of 1897 and 1907. The establishment of the Permanent Court of Arbitration, although neither permanent nor, in fact, a court, marked an important step forward in the consolidation of an international legal system. However, no lasting concrete steps were taken until after the conclusion of the First World War. The Covenant of the League of Nations called for the formulation of proposals for the creation of a world court and in 1920 the Permanent Court of International Justice (PCIJ) was created. It stimulated efforts to develop international arbitral mechanisms. Together with arbitration, the Permanent Court was intended to provide a reasonably comprehensive system serving the international community. It was intended as a way to prevent outbreaks of violence by enabling easily accessible methods of dispute settlement in the context of a legal and organisational framework to be made available.
The PCIJ was superseded after the Second World War by the International Court of Justice (ICJ), described in article 92 of the Charter as the ‘principal judicial organ’ of the United Nations. In essence, it is a continuation of the Permanent Court, with virtually the same statute and jurisdiction, and with a continuing line of cases, no distinction being made between those decided by the PCIJ and those by the ICJ.
- Type
- Chapter
- Information
- International Law , pp. 1057 - 1117Publisher: Cambridge University PressPrint publication year: 2008