The International Court of Justice: Functions and Jurisdiction - Essay Example

 This essay will address the basic functions and the jurisdictional nature of the International Court of Justice. To this end, the essay will discuss the historical origins of the Court, procedural aspects involving contentious and advisory cases, and make a comparison with the American judicial system. As an initial matter, it is important to note that, while old, the International Court of Justice was not the first world court. The first World Court, also called the Permanent Court of International Justice, was created by the League of Nations back in 1922.

This court was in existence from 1922 until 1940, although it did not hear many cases. Indeed, during these 18 years, the World Court heard only twenty nine contentious cases and twenty seven advisory cases. The International Court of Justice replaced the World Court, becoming a successor judicial organization, at the time that the United Nations was formed. The International Court of Justice continues to be the primary judicial court of the United Nations; it is worth noting, however, that there are other internationally-oriented courts.

For example, there is an International War Crimes Court and the War Crimes Law tribunal which have broad international jurisdiction in their respective areas of expertise. The International Court of Justice has the jurisdictional power to hear two basic types of cases. These cases are classified as contentious cases and as cases which involve the issuance of advisory opinions. Contentious cases are subject to very specific procedural rules. First, these cases are between countries rather than individuals or business entities.

Second, the countries must voluntarily submit the case to the jurisdiction of the Court. In this way, the International Court of Justice’s jurisdiction is limited. Once two countries agree to have a case heard by the Court, however, the final ruling is said to be binding. The binding characterization, it must be said, is a bit misleading. This is because countries have been known to reject the rulings of the International Court of Justice, and there is no real enforcement mechanism to enforce its rulings outside of the goodwill of the involved countries.

In addition to these contentious cases, the International Court of Justice is also empowered to issue advisory opinions. An advisory opinion is considered and decided when an agency or an organizational body approved by the United Nations petitions the Court in an attempt to clarify the legal meaning of a United Nations rule or regulation. This type of petition may clarify or it may resolve conflicting interpretations. These opinions are non-binding, but in practice they tend to be very influential and provide guidance for a variety of United Nations agencies and related organizations.

Overall, the International Court of Justice does not resemble American courts very much. There are, however, a few similarities with American federal courts. One similarity refers to what is known as “Diversity of Citizenship” jurisdiction in American federal courts. This type of jurisdiction means that federal courts have the power to decide cases between citizens of different states, such as California and Florida. In addition, the United States Supreme Court, usually an appellate court of last resort, has original jurisdiction to hear cases and conflicts between states themselves.

In these ways, there are some minor similarities. The differences, however, are much more significant. First, the International Court of Justice’s jurisdiction is dependent. Second, its decisions are not really binding, despite occasional assertions to the contrary, because it possesses no substantial enforcement mechanism. Third, while America employs common law principles, the International Court of Justice must consider a greater variety of legal principles from its participating members.

In the final analysis, though there are a few minor similarities, the International Court of Justice is very different from American courts. ReferencesA guide to the history, composition, jurisdiction, procedure and decisions of the court. International Court of Justice, ICJ The Hague 2004 5th Edition. Retrieved 7 September 2006. Available: http://www.icj-cij.org/icjwww/igeneralinformation/ibleubook.pdfRosenne S, Rosenne's the world court: what it is and how it works 6th ed (Leiden: Martinus Nijhoff, 2003).

Schwebel S "Ad Hoc Chambers of the International Court of Justice" (1987) 81 American Journal of International Law 831.The Court at a glance. (18 July 2006). International Court of Justice. Retrieved 7 September 2006. Available: http://www.ic cij.org/icjwww/igeneralinformation/inotice.pdfWho can bring a case at the Court? International Court of Justice: Jurisdiction in Contentious Cases and Advisory Jurisdiction. Retrieved 7 September 2006. Available: http://www.icj-cij.org/icjwww/ibasicdocuments/ibasictext/ibasic_whobringcases.html