International Court. Charter of the United Nations Chapter VII. Actions regarding threats to the peace, breaches of the peace and acts of aggression
Statute - international court
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 specifically recognized by states as binding legal norms, resolutions of certain international organizations that are binding on member states of these organizations; international custom, general principles and, with some reservations, judgments.
The charter consists of a preamble, 19 chapters, 111 articles and the Statute of the International Court of Justice.
This Convention is open until 31 December 1958 for signature on behalf of any Member of the United Nations and on behalf of any State which is or hereafter becomes a Member of any specialized agency of the United Nations or which is or hereafter becomes a Party to the Statute of the International Court of Justice , or any other state that will be invited General Assembly United Nations.
This Convention is open until 31 December 1958 for signature on behalf of any Member of the United Nations, and on behalf of any State which is or hereafter becomes a Member of any specialized agency of the United Nations, or which is or hereafter becomes 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) Organs; 4) General Assembly; 5) Security Council; 6) peaceful resolution disputes; 7) Actions regarding threats to the 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 regarding Non-Self-Governing Territories; 12) International system of guardianship; 13) Board of Trustees; 14) International Court; 15) Secretariat; 16) Miscellaneous regulations; 17) Security measures during the transition period; 18) Amendments; 19) Ratification and signing. The statute of the International Court of Justice is attached to the Charter as an integral part of it.
The International Court of Justice operates 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 UN may also participate in the Statute of the International Court of Justice under conditions determined in each individual case by the General Assembly on the recommendation of the Security Council.
This Convention shall be 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 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), by agreement between the States concerned on the basis international law as defined in Art. 38 of the Statute of the International Court of Justice, in order to reach a just solution.
The competence of the Security Council also includes the development of plans for the creation of a system of arms regulation; identification of strategic trust areas and implementation of UN functions in relation to them. The Security Council makes recommendations to the General Assembly on the admission of new members of the UN, on the suspension of the rights and privileges of members of the Organization, on exclusion from the UN, on the conditions under which states that are not members of the UN may 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 take 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 on the world stage and emphasizes that states must strictly observe the principles of the prohibition of the use of force and the threat of force, the peaceful settlement of international disputes, non-interference in internal affairs, the sovereign equality of states, conscientious performance international obligations, etc. An integral part of the Charter is the Statute of the International Court of Justice.
Therefore, in order to submit to the jurisdiction of any international body the express consent of the State concerned is required. So, according to Art. 36 of the Statute of the International Court of Justice, states may (but are not required to) declare that they are bound by the jurisdiction of the International Court of Justice. The vast majority of states have not yet recognized its compulsory jurisdiction.
International Court
- Chapter I: Organization of the Court (Articles 2-33)
- Chapter II: Competence of the Court (Articles 34-38)
- Chapter III: Legal proceedings (Articles 39-64)
- Chapter IV: Advisory Opinions (Articles 65-68)
- Chapter V: Amendments (Articles 69-70)
International Court of Justice, established by the Charter of the United Nations as the principal judicial authority 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 high moral character who meet the requirements in their countries for appointment to the highest judicial positions, or who are jurists 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 may be considered, for the purposes of the composition of the Court, as a national of more than one State shall be deemed to be a national of the State in which he ordinarily enjoys 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 persons entered on the list at the proposal of 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 that purpose by their governments, subject to the conditions laid down for members of the Permanent Court of Arbitration by Article 44 of the Hague Convention of 1907 for the Peaceful Settlement of International collisions.
3. The conditions under which a State Party to this Statute but 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. 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 States Parties to this Statute and the members of national groups designated under Article 4, paragraph 2, proposing in writing that that each national group should nominate, within a certain period of time, candidates who may assume the office of members of the Court.
2. No group may nominate more than four candidates, with no more than two candidates being nationals of the State represented by the group. The number of candidates nominated by a group may in no case exceed more than twice the number of seats to be filled.
It is recommended that each group seek the opinion of senior court rulings, law faculties, law higher educational institutions and academies of their country, as well as national branches international academies involved in the study of law.
1. The Secretary General draws up in alphabetical order a list of all persons whose candidatures have been nominated. Except in the case provided for in paragraph 2 of Article 12, only persons included in this list may be elected.
2. The Secretary General shall submit this list to the General Assembly and the Security Council.
The General Assembly and the Security Council shall proceed to the election of the members of the Court independently of each other.
When electing, the electors should bear in mind that not only each individual elected must satisfy 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 receive 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 for the election of judges or for the appointment of members of the conciliation commission provided for in Article 12, shall be taken without any distinction between permanent and non-permanent members of the Security Council.
3. In the event that an absolute majority of votes were given both in the General Assembly and in the Security Council for more than one citizen of the same state, only the eldest in age is considered elected.
If, after the first meeting called for elections, one or more seats are left unfilled, a second and, if necessary, a third meeting will be held.
1. If, after the third meeting, one or more seats remain unfilled, then at any time, at the request of either the General Assembly or the Security Council, a conciliation commission may be convened, consisting of six members: 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 to submit his candidature to the discretion of the General Assembly and the Security Council.
2. If the conciliation commission unanimously decides on the candidature of a person who satisfies the requirements, his name may be included in the list, even though he was not included in the lists of candidates provided for in Article 7.
3. If the conciliation commission is satisfied that elections cannot take place, then the members of the Court, already elected, shall proceed, within a time limit to be determined by the Security Council, to complete free places by electing the members of the Court from among candidates voted for either in the General Assembly or in the Security Council.
1. The members of the Court shall be elected for nine years and may be re-elected, provided, however, that the terms of office of five judges of the first composition of the Court shall expire in three years and the terms of office of another five judges in six years.
2. The Secretary General shall immediately after the close of the first election determine by lot which of the judges shall be deemed to have been elected for the above initial terms of three years and six years.
3. The members of the Court shall continue in their office until their seats are filled. Even after replacement, they are obliged to finish the work they have begun.
4. If a member of the Court submits a letter of resignation, the letter of resignation 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 that have become vacant shall be filled in the same manner as for the first election, subject to the following rule: within one month of the opening of a vacancy, the Secretary-General shall proceed to send out the invitations provided for in Article 5, and the day of the election shall be fixed 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 issue are resolved by the ruling of the Court.
1. No member of the Court may act as a representative, attorney or advocate in any case.
2. No member of the Court may participate in the decision of any case in which he has previously participated as a representative, attorney or lawyer 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 issue are resolved by the ruling of the Court.
1. A member of the Court shall not be removed from office unless, in the unanimous opinion of the other members, he no longer satisfies the requirements.
2. The Secretary General shall be formally notified of this by the Registrar of the Court.
3. Upon receipt of this notice, the seat is considered vacant.
Members of the Court, in the performance of their judicial duties, shall enjoy diplomatic privileges and immunities.
Each member of the Court shall, before assuming office, make a solemn declaration in open session of the Court that he will discharge his office impartially and in good faith.
1. The Court shall elect a President and Vice-President for three years. They may be re-elected.
2. The Court shall appoint its own Registrar and may arrange for the appointment of such other officers as may be necessary.
1. The seat of the Court shall be The Hague. This shall not, however, prevent the Court from sitting and exercising its functions elsewhere in all cases in which the Court deems it desirable.
2. The President and the Registrar of the Court must reside at the seat of the Court.
1. The Court sits permanently, with the exception of judicial vacancies, the terms and duration of which are established by the Court.
2. Members of the Court shall be 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 home country.
3. Members of the Court shall be at the disposal of the Court at all times, except when on vacation and absent 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 take part in the decision of a particular case, he shall inform the President thereof.
2. If the President finds that any member of the Court should not, for any special reason, sit in a session on a particular case, he shall warn him of this.
3. If in this case a disagreement arises between a 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 to form the Court is not less than eleven, the Rules of Court may provide that one or more judges may, as the case may be, be exempted in turn from sitting.
3. A quorum of nine judges is sufficient to form a judicial presence.
1. The Court may, as the need arises, form one or more chambers, composed of three or more judges, as the Court may deem appropriate, to deal with certain categories of cases, such as labor cases and cases relating to transit and communications.
2. The court may at any time form a chamber to hear a particular case. The number of judges forming such a chamber shall be determined by the Court with the approval of the parties.
3. Cases shall be heard and decided by the chambers provided for in this article, if the parties so request.
A decision given by one of the Chambers provided for in Articles 26 and 29 shall be deemed to have been given 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, may consider and decide cases by summary procedure. Two additional judges are assigned to replace judges who recognize it is impossible for them to take part in the sessions.
1. The Court draws up the Rules, which determine the procedure for the performance of its functions. The court, in particular, establishes the rules of legal proceedings.
2. The Rules of Procedure of the Court may provide for participation in the sittings of the Court or its Chambers of Assessors without the right to a decisive vote.
1. Judges who are nationals of either party shall retain the right to sit in hearings on a case before the Court.
2. If there is a judge who is a national of one of the parties in the court presence, any other party may elect a person of his choice to participate in the presence as a judge. This person shall be elected predominantly from among those nominated as candidates, in the manner provided for in Articles 4 and 5.
3. If there is not a single judge in the court presence who is the nationality of the parties, then each of these parties may elect a judge in the manner prescribed 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 yield their seat to Members of the Court of the nationality of the parties concerned, or, in the absence of as such, or failing to attend, to judges specially chosen by the parties.
5. If several parties have a common interest, they are, as far as the application of the previous provisions is concerned, considered as one party. In case of doubt on this issue, they are resolved by a ruling of the Court.
6. Judges elected as set out in 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 equal terms with their colleagues.
1. Members of the Court receive an annual salary.
2. The chairman receives a special annual increase.
3. The Vice-Chairman shall receive a special allowance for each day he is acting as Chairman.
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 remunerations shall be fixed by the General Assembly. They cannot be reduced during the service life.
6. The salary of the Registrar of the Court shall be fixed by the General Assembly on the proposal of the Court.
7. Rules laid down by the General Assembly shall determine the conditions under which members of the Court and the Registrar of the Court shall be awarded retirement pensions, as well as the conditions under which members and the Registrar of the Court shall be reimbursed for their travel expenses.
8. The above salaries, bonuses and remuneration are exempt from any 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. Subject to and in accordance with its Rules, the Court may request from public international organizations information relating to cases before it, as well as receive such information supplied by said organizations on their own initiative.
3. When, in a case before the Court, it has to interpret the founding document 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 in question and transmit to it copies of the entire written proceeding.
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 can in no way place the parties in an unequal position before the Court.
3. When a State which is not a Member of the United Nations is a party to a case, the Court shall determine the amount to be paid by that party towards the expenses of the Court. This ruling does not apply if the State in question already contributes to the expenses of the Court.
1. The jurisdiction of the Court shall include all cases referred to it by the parties and all matters expressly provided for in the Charter of the United Nations or in existing treaties and conventions.
2. The States Parties to this Statute may at any time declare that they recognize, without special agreement to that effect, ipso facto, in respect of any other State which has accepted the same undertaking, the jurisdiction of the Court as compulsory in all legal disputes concerning:
a) interpretation of the contract;
b) any question of international law;
c) the existence of a fact which, if established, would constitute a breach of an international obligation;
d) the nature and extent of the compensation due for the breach of an international obligation.
3. The above declarations may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.
4. Such declarations shall be deposited with the Secretary General, who shall transmit copies thereof 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 Court International Justice which continue to be in force shall be deemed, as between the Parties to this Statute, as their acceptance of the jurisdiction of the International Court of Justice for themselves, for the unexpired period 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 is resolved by a ruling of the Court.
Whenever a treaty or convention in force provides for the referral of a case to a Court to be established 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 decide disputes submitted to it on the basis of international law, applies:
a) international conventions, both general and specific, laying down rules expressly recognized by the contending states;
b) international custom as evidence of a general practice accepted as law;
c) the general principles of law recognized by civilized nations;
d) Subject to the reservation referred to in Article 59, the judgments and doctrines of the most qualified publicists of the various nations, as an aid to the determination of legal norms.
2. This ruling does not limit the power of the Court to decide ex aequo et bono if the parties so agree.
CHAPTER III: Legal proceedings
1. official languages The ships are French and English. If the parties agree to proceed with the case French, the decision shall be made in French. If the parties agree to conduct the case in English, then the decision is made in English.
2. In the absence of an agreement as to which language will be used, each party may use the language of its preference in adjudication; the decision of the Court is rendered in French or English. In this case, the Court simultaneously determines which of the two texts is considered authentic.
3. The Court shall, at the request of any party, 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 written application 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 shall also notify the Members of the United Nations, through the Secretary General, as well as other States entitled to have access to the Court.
1. The Court shall have the power to indicate, if in its opinion the circumstances so require, any provisional measures to be taken to secure the rights of each of the parties.
2. Pending the conclusion of the decision, the communication on the proposed measures shall immediately be brought to the attention of the parties and the Security Council.
1. The parties act through representatives.
2. They may have the assistance of attorneys or lawyers in the Court.
3. Representatives, attorneys and advocates representing parties to the Court shall enjoy the privileges and immunities necessary for the independent performance of their duties.
1. Legal proceedings consist of two parts: written and oral proceedings.
2. Written proceedings consist of communication to the Court and the parties of memorandums, counter-memorials and, if necessary, answers 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 fixed by the Court.
4. Any document presented by one of the parties must be communicated to the other in a certified copy.
5. Oral proceedings consist of the hearing by the Court of witnesses, experts, representatives, attorneys and lawyers.
1. For the delivery of all notices to persons other than representatives, solicitors and lawyers, the Court shall apply directly to the government of the state in 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.
The hearing of the case shall be presided over by the President or, if he is unable to preside, by the Vice-President; if neither is able to preside, the senior judge present presides.
A hearing before the Court shall be held in public, unless the Court decides otherwise or unless the parties request that the public not be admitted.
1. Minutes are kept of each court session, signed by the Secretary and the Chairman.
2. Only this protocol is authentic.
The court orders the direction of the case, determines the forms and time limits in which each party must finally present 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 expert examination to any person, collegium, bureau, commission or other organization of its choice.
At the hearing of the case, all relevant questions are put before the witnesses and experts, subject to the conditions determined by the Court in the Rules referred to in Article 30.
Upon receipt of the evidence within the time limits set for this, the Court may refuse to admit all further oral and written evidence that one of the parties would like to present without the consent of the other.
1. If one of the parties does not appear before the Court or does not present his arguments, the other party may ask the Court to decide the case in his favor.
2. The Court must, before granting this application, ascertain not only whether it has jurisdiction in the case under Articles 36 and 37, but also whether the claim has sufficient factual and legal grounds.
1. When representatives, lawyers and solicitors, under the guidance of the Court, have completed their explanations of the case, the President shall declare the hearing closed.
2. The court retires to discuss the decisions.
3. The deliberations of the Court shall take place in closed session and shall be kept secret.
1. The decision must state the reasons 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 announced in open session of the Court after due notification of the representatives of the parties.
The decision of the Court is binding only on 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 as to the meaning or scope of the decision, the Court shall interpret it 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, subject to the indispensable condition that such ignorance was not due to negligence.
2. The proceedings for reconsideration are opened by a ruling of the Court, which expressly establishes the existence of a new circumstance, recognizing the nature of the latter as giving rise to a retrial, and announces the acceptance, therefore, of the request for reconsideration.
3. The court may require that the conditions of the judgment be met before it opens retrial proceedings.
4. The request for review must be made before the expiration of the six-month period after the discovery of new circumstances.
5. No request for review may be made after ten years have elapsed from the date of the decision.
1. If any state considers that the decision in the case may affect any of its interests legal nature, that State may apply to the Court for leave to intervene.
2. The decision on such a request belongs to the Court.
1. If a question arises as to the interpretation of a convention in which, in addition to the parties concerned, other states also participate, the Registrar of the Court shall immediately notify all these states.
2. Each of the States so notified shall have the right to intervene, and if it avails itself of 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 question at the request of any institution empowered to make such requests by or under the Charter of the United Nations.
2. Matters on which the advisory opinion of the Court is sought shall be submitted to the Court in a written statement containing an exact statement of the matter 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 forthwith communicate the application containing the request for an advisory opinion to all States entitled to have access to the Court.
2. In addition, the Registrar of the Court shall, by special and express notice, inform 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), give information on the matter that The Court is prepared to accept, within a time limit to be determined by the President, written reports relating to the matter or to hear similar oral reports at a public meeting appointed for that purpose.
3. If such State, which has the right of access to the Court, does not receive the special notice referred to in paragraph 2 of this Article, it may wish to submit a written report or be heard; The court decides on this matter.
4. States and organizations which 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 time limits fixed in each case by the Court or, if it is not sitting , President of the Court. For this purpose, the Registrar of the Court shall communicate, in due course, all such written reports to States and organizations which themselves have submitted such reports.
The Court delivers its advisory opinions in open session, of which the Secretary-General and representatives of the members of the United Nations directly concerned, other states and international organizations are warned.
In the exercise of its advisory functions, the Court shall, in addition to that, be guided by the provisions of this Statute relating to disputed cases, insofar as the Court finds them applicable.
CHAPTER V: Amendments
This Statute shall be amended in the same manner as provided for by the Charter of the United Nations for amendments to that Charter, subject, however, to all rules which may be laid down by the General Assembly on the recommendation of the Security Council concerning the participation of States which are not Members of the United Nations but which are members of the Statute.
The Court shall have the power to propose such amendments to this Statute as it deems necessary by communicating them in writing to the Secretary General for further consideration in accordance with the rules set forth in Article 69.
Article 38 of the Statute of the International Court of Justice contains a list of sources of international law on the basis of which the Court must decide disputes submitted to it. These include:
a) international conventions, both general and specific, laying down rules expressly recognized by the contesting states;
b) international custom as evidence of a general practice accepted as law
c) the general principles of law recognized by civilized nations;
d) the judgments and doctrines of the most qualified publicists of the various nations, as an aid to the determination of legal norms.
Sources of MP
Definition. Sources are established by the state and other entities in the process of lawmaking forms of existence of international legal forms. Where the MP norms are fixed
Article 38 of the Statute of the International Court of Justice of the United Nations - a list of the main sources of MT is fixed.
Only 4 points:
1) The sources are international conventions, both general and special, establishing rules that are definitely recognized with singing states - a model of behavior. In the first place - an international treaty, the second - international customs, as evidence of general practice, recognized as a legal norm; the general principles of law recognized by civilized nations (all our nations are civilized); judicial decisions and doctrines of the most qualified specialists in MP (provided as an aid)
An international treaty is characterized as an international source due to 3 points:
1) Clearly written document, clearly interpret this document
2) Covers as wide a range of topics as possible in all areas - pushing the custom, making it easier to understand and implement
3) It is the treaty that is a weighty and significant medium for coordinating wars
International custom is valid in cases where circumstances are not provided for in the contracts. All parties comply with it voluntarily. From between customs, one should distinguish the rules between courtesy - greeting ships at sea - is not spelled out anywhere. International custom can be identical to the norm of an international treaty - issues of aggression, torture, discrimination
general principles of law - goes back to Roman law - a special rule cancels the general one; the subsequent rule cancels the previous one; no one can transfer more rights to another than he himself has; let the other side be heard.
Judgments are an aid. An example is the European Court of Human Rights; international criminal court; Permanent Court of the Third Court of the United Nations. Between the Court is not authorized to make a number of changes to the MP, the decision is binding on the parties in a particular case for specific parties - Article 38 of the statute, for all others this decision can be used as an auxiliary, there is no precedent. Lawyers' interpretation we are talking solely about interpretation - the parties must understand what the document says.
8. Decisions of international organizations and conferences. "Soft law".
Not in article 38. There is another statute soft law soft law - predominantly decisions of the UN General Assembly. An example is the Universal Declaration of Human Rights and Freedoms, the Prague Charter for a New Europe. Documents are not mandatory, they are auxiliary.
Unilateral acts of state-in - one-sided source
Exercise 1
In Art. 38 of the Statute of the International Court of Justice, as one of the sources of international law, international custom is mentioned "as evidence of a general practice recognized as a legal norm."
What kind of international custom - universal or local - are we talking about in this case? Can a custom consist of a complex international norms? What is meant by proof of the existence of 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 a customary norm in national legislation, certain actions indicating the presence of requirements in connection with the failure to comply with the custom, the absence of protests against the actions of the constituents of the custom.
Task 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 enforcement in Russia of the decision of this court on the recovery of sums of money to the budget of the Republic of Belarus from a CJSC located in Tyumen. Among the documents sent to the Russian Arbitration Court was a writ of execution of the court that issued the appropriate 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 for the Arbitration Court of the Tyumen Region to issue a ruling on the recognition and permission of enforcement in the territory Russian Federation foreign judgment?
Justify your answers with references to the international treaty and Russian legislation.
Task 3
Make up 5 test items (10 questions each) covering all the topics of the course "International Law". Submit the correct answers to your tests as attachments.
The sources of international law are the official legal form of the existence of international legal norms, custom, treaty and law-making decision of an international organization. They represent outer shape consolidation and expression of the norms of international law.
The concept of "source" covers not only the form of existence of the norm, but also the way it was created, for example, with the help of a contract or custom. The term "sources of international law" is firmly established in theory and practice. The sources of international law are mentioned, for example, in the preamble of the UN Charter. All this, however, should not lead to a simplification of the issues related to sources.
Since sources are a method of creation and a form of existence of norms, their types must be determined by international law itself. According to the latter, the generally recognized sources of general international law are treaty and custom.
When determining the range of sources, it is customary to refer primarily to Art. 38 of the Statute of the International Court of Justice. It states that, in resolving disputes on the basis of international law, the Court applies
1) conventions,
3) general principles of law recognized by civilized peoples. General principles of law are general legal rules that are used in the application of specific legal rules,
defining the rights and obligations of subjects of law. (for example, “we will listen to the other side”; “the burden of proof lies with the party that brought the claim”
4)As aids judicial decisions and the doctrines of the most qualified specialists can be applied to determine the legal norms.
Solutions fall into four categories:
1) decisions on procedural and technical issues;
2) decisions taken on the most important issues of international relations;
3) decisions, the binding force of which follows from the general principles and norms of international law;
Doctrines of international lawyers represent the views of specialists in the field of international law on the problems of international law and are important for the interpretation of international law and their further improvement.
Article 38 is subject to justified criticism. There is nothing surprising. It was formulated after World War I for the Permanent Court of International Justice. The normative material of that time was insignificant. Hence the indication of the possibility of using the general principles of law, as well as as auxiliary means - court decisions, the works of specialists.
On the other hand, more important acts are not indicated - resolutions of international organizations who owns today important role in the general process of forming the norms of international law, the results of which are clothed in the form of a treaty or custom. Their role is also significant in the interpretation of existing norms. However, these resolutions are rarely the direct source of international law. In this capacity, they act mainly within the framework of supranational international associations, like the European Union.
Treaty and custom are universal sources, their legal force follows from general international law. In contrast, the law-making decisions of organizations are considered special sources. Their legal force is determined by the founding act of the relevant organization.
An international treaty is an agreement between states or other subjects of international law, concluded in writing, regarding the establishment, modification or termination of mutual rights and obligations.
Under international custom according to Art. 38 of the Statute of the International Court of Justice is understood as evidence of a general practice accepted as law. Ordinary norms are formed
in international practice and are recognized by subjects of international law as a mandatory rule of conduct. Customs should be distinguished from custom, that is, the rules of international courtesy and etiquette. According to the general understanding of the doctrine and practice of international law, the term "custom" includes two different understandings of the institution under study.
First, it is the process of creating a rule of law. Secondly, we are talking about the legal norm formed as a result of this process, which from now on is called the customary norm. So
Thus, in one case it is possible to speak about international rule-making, and in the second case, about the material product of the creation of norms - a legally binding rule of conduct in the form of a customary international legal norm. Pursuant to Art. 38 in the case when the court “applies international custom”, we are dealing with an already held customary legal norm, and if “proof of a general practice recognized as a legal norm” is carried out, then there is a fodder production process in which the production of new customary law.
Taking into account the bilateral significance, it is supposed to carry out the consideration of international custom as one of the sources of international law.
CHARTER
United Nations*
Document as amended by:
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* An integral part of the Charter is the Statute of the International Court of Justice (hereinafter, notes by the compilers are given with an asterisk).
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 they are voted by nine members (previously seven), and on all other issues when they are voted by nine members (previously seven), including the concurring votes of five permanent members of the Security Council.
Amendment to Art. 61 increases the membership of the Economic and Social Council from eighteen to twenty-seven. A subsequent amendment to this article, effective September 24, 1973, increases the membership 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 the Member States for the purpose of revising the Charter are 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 to revise the Charter, was considered by the General Assembly and the Security Council at the tenth ordinary session of the General Assembly in 1955 and left 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 unspeakable grief to humanity, and to reaffirm faith in fundamental human rights, dignity and worth human personality, to the equality of men and women and to the equality of rights of nations large and small, and to create conditions under which justice and respect for obligations arising from treaties and other sources can be observed international law, and promote social progress and better living conditions in greater freedom, and to this end show tolerance and live together in peace with each other as good neighbors, and combine our forces to maintain international peace and security, and ensure the adoption of principles and the establishment of methods, that armed forces be used only in the common interest, and to use the international apparatus for promoting the economic and social progress of all peoples, we decided to unite our efforts to achieve these goals.
Accordingly, our respective governments, through representatives assembled in the city of San Francisco, presenting their full powers found in due form, have agreed to accept the present Charter of the United Nations, and hereby establish an international organization under the name "United Nations".
Chapter I. Purposes 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 the peace and suppress acts of aggression or other breaches of the peace, and to carry out by peaceful means, in accordance with the principles of justice and international law, settling or resolving international disputes or situations that may lead to a breach of peace;
2. Develop friendly relations among nations on the basis of respect for the principle of equal rights and self-determination of peoples, as well as take other appropriate measures to strengthen world peace;
3. To carry out international cooperation in solving international problems of an economic, social, cultural and humanitarian nature and in promoting and developing respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, religion, and
4. To be the center for coordinating the actions of nations in achieving these common goals
Article 2
To achieve the Purposes referred to in Article 1, the Organization and its Members shall act in accordance with the following Principles:
1. The Organization is based 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 secure to them all in their entirety the rights and benefits arising from membership in the membership of the Organization;
3. All Members of the United Nations shall settle their international disputes by peaceful means in such a manner as not to endanger international peace and security and justice;
4. All Members of the United Nations shall refrain in their international relations from the threat or use of force against territorial integrity or the political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations;
5. All Members of the United Nations shall render its fullest assistance in all actions taken by it in accordance with this Charter, and shall refrain from rendering assistance to any State against which the United Nations takes preventive or enforcement action;
6. The Organization shall ensure that non-Member States act in accordance with these Principles as may be necessary for the maintenance of international peace and security;
7. This Charter in no way authorizes the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any State, nor does it require the Members of the United Nations to submit such matters for resolution under this Charter; however, this principle does not affect the application of enforcement measures under Chapter VII.
Chapter II. Members of the organization
Article 3
The original Members of the United Nations are the States which, having taken part in the San Francisco Conference for the Establishment of the International Organization, or having previously signed the Declaration of the United Nations 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 which have accepted 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 as a Member of the organization shall be effected by a decision of the General Assembly on the recommendation of the Security Council.
Article 5
If preventive or coercive action has been taken by the Security Council against any Member, the General Assembly shall have the right, on the recommendation of the Security Council, to suspend the exercise of the rights and privileges vested in it as a Member of the Organization. The exercise of these rights and privileges may be restored by the Security Council.
Article 6
A Member of the Organization that 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. The following are established as the main organs of the United Nations: 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 deemed necessary, may be established in accordance with this Constitution.
Article 8
The United Nations places no 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 is empowered to discuss any question or matter within the scope of this Charter or relating to the powers and functions of any of the organs provided for in this Charter, and, except as provided in Article 12, to make recommendations to the Members of the United Nations or the Security Council or both the Members of the United Nations and the Security Council on any such matters or matters.
Article 11
1. The General Assembly is authorized to consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and to make recommendations in respect of these principles to the Members of the Organization or the Security Council, or both the Members of the Organization and the Security Council.
2. The General Assembly is empowered to discuss any question relating to the maintenance of international peace and security brought before it by any Member of the Organization or by the Security Council or by a State which is not a Member of the Organization, in accordance with Article 35, paragraph 2, and subject to the exceptions provided for in Article 12 make recommendations on any such matters to the State or States concerned, or to the Security Council, or to both the Security Council and the State or States concerned. Any such matter requiring action shall be referred by the General Assembly to the Security Council either 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 the general meaning of article 10.
Article 12
1. When the Security Council is exercising the functions assigned to it by this Charter with respect to any dispute or situation, the General Assembly may not make any recommendation concerning that dispute or situation unless the Security Council so requests.
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 under the consideration of the Security Council, and shall likewise notify the General Assembly, and if the General Assembly is not in session, then the Members of the Organization, as soon as the Security Council ceases consideration of such matters.
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, cultural, educational, health and promotion of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.
2. The further duties, functions and powers of the General Assembly with respect 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 is authorized to recommend measures for the peaceful settlement of any situation, whatever its origin, which, in the opinion of the Assembly, might prejudice the general welfare or friendly relations among nations, including situations arising from the violation of the provisions of this Charter setting out the Purposes and Principles of the United Nations.
Article 15
1. The General Assembly receives and considers the annual and special reports of the Security Council; these reports shall include an account of the measures for the maintenance of international peace and security which the Security Council has decided to take or has taken.
2. The General Assembly receives and considers reports from other organs of the Organization.
Article 16
The General Assembly exercises, in respect of the international trusteeship system, such functions as are assigned 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. Members of the Organization shall bear its expenses according to the distribution established by the General Assembly.
3. The General Assembly shall consider and approve any financial and budgetary agreements with the specialized agencies referred to in Article 57 and examine 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 shall have one vote.
2. Decisions of the General Assembly on important matters are taken by a two-thirds majority of the members of the Assembly present and voting. These matters 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 paragraph 1c of Article 86, admission of new Members to the United Nations, suspension of rights and privileges of the Members of the Organization, exclusion from the Organization of its Members, matters relating to the operation of the guardianship system, and budgetary matters.
3. Decisions on other issues, including the determination of additional categories of issues to be decided by a two-thirds majority, are taken by a simple majority of those present and voting.
Article 19
A Member of the Organization that is in arrears in the payment of monetary contributions to the Organization shall be deprived of the right to vote in the General Assembly if the amount of its arrears equals or exceeds the amount of contributions due from it for the previous two full years. The General Assembly may, however, authorize such a Member to vote if it considers that the delay in payment is due to circumstances beyond its control.
Article 20
The General Assembly meets in ordinary annual sessions and in such special sessions as circumstances may require. Special sessions are convened General Secretary 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 President for each session.
Article 22
The General Assembly is empowered to establish such subsidiary bodies as it deems necessary for the exercise of its functions.
1. The Security Council consists of fifteen Members of the Organization. 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 are permanent members of the Security Council. The General Assembly shall elect the ten other Members of the Organization as non-permanent members of the Security Council, giving in particular, due regard, first of all, to the degree of participation of the Members of the Organization in the maintenance of international peace and security and in the achievement of other purposes of the Organization, as well as to equitable geographical distribution.
2. The non-permanent members of the Security Council are elected for a term of two years. At the first election of the non-permanent members, after the enlargement of the Security Council from eleven to fifteen, two of the four additional members shall be elected for a term of one year. An outgoing member of the Security Council is not eligible for 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 confer upon the Security Council primary responsibility for the maintenance of international peace and security and agree that, in discharging its duties arising from that responsibility, the Security Council shall act on their behalf.
2. In the exercise of these duties, the Security Council shall act in accordance with the Purposes and Principles of the United Nations. Certain powers given to the Security Council to carry out these duties are set out in Chapters VI, VII, VIII and XII.
3. The Security Council submits to the General Assembly annual reports and, as required, special reports.
Article 25
The Members of the Organization agree, in accordance with this Charter, to abide by and carry out the decisions of the Security Council.
Article 26
In order to promote the establishment and maintenance of international peace and security with the least possible distraction of the world's human and economic resources for armaments, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans for the establishment of a system of arms regulation for submission to the Members of the Organization.
Article 27
1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on questions of procedure shall be considered adopted when nine members of the Council have voted in favor of them.
3. Decisions of the Security Council on all other matters shall be deemed to have been taken when they have been voted upon by nine members of the Council, including the concurring votes of all the permanent members of the Council, the party to the dispute having to abstain from voting in a decision under Chapter VI and under paragraph 3 of article 52.
Article 28
1. The Security Council shall be organized in such a way that it can function continuously. For this purpose, each member of the Security Council must be represented at all times at the seat of the United Nations.
2. The Security Council shall meet periodically, at which each of its members may, as he pleases, 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 at any other place which, in the opinion of the Council, is more conducive to its work.
Article 29
The Security Council may establish such subsidiary bodies as it deems necessary for the performance of its functions.
Article 30
The Security Council shall establish its own rules of procedure, including the manner in which its President is elected.
Article 31
Any Member which is not a member of the Security Council may take part, without the right to vote, in the deliberations of any question brought before the Security Council, whenever the Security Council finds that the interests of that Member are specifically affected.
Article 32
Any Member of the Organization which is not a Member of the Security Council, or any State which is not a Member of the Organization, if they are parties to a dispute before the Security Council, is invited to participate, without the right to vote, in the deliberations relating to that dispute. The Security Council shall lay down such conditions for the participation of a State not a Member of the Organization as it deems just.
Chapter VI. Peaceful dispute resolution
PEACEFUL DISPUTE RESOLUTION
Article 33
1. Parties to any dispute the continuation of which could threaten the maintenance of international peace and security should first endeavor to resolve the dispute by negotiation, inquiry, 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 resolve their dispute by such means.
Article 34
The Security Council is empowered to investigate any dispute or any situation which may give rise to international friction or give rise to a dispute, to determine whether the continuation of that dispute or situation could threaten the maintenance of international peace and security.
Article 35
1. Any Member of the Organization may bring any dispute or situation of the nature 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 accepts in advance in respect of that dispute the obligations of peaceful settlement of disputes provided for in this Charter.
3. The determination by the General Assembly of matters brought to its attention under this Article shall be subject to the provisions of Articles 11 and 12.
Article 36
1. The Security Council shall be 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 settlement of this dispute which has already been adopted by the parties.
3. In making recommendations under this article, the Security Council shall also take into account that disputes of a legal nature must, as general rule referred 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 the nature referred to in Article 33 fail to resolve it by the means referred to in that Article, they shall refer it to the Security Council.
2. If the Security Council considers that the continuation of the dispute would in fact threaten the maintenance of international peace and security, it shall decide whether to act in accordance with Article 36 or to recommend such terms for the settlement of the dispute as it thinks fit.
Article 38
Without prejudice to the provisions of Articles 33 to 37, the Security Council is empowered, if requested by all the parties to any dispute, to make recommendations to the parties with a view to an amicable settlement of the dispute.
Chapter VII. Actions regarding threats to the peace, breaches of the peace and acts of aggression
ACTION WITH RESPECT TO THREAT TO THE PEACE, BREACH OF THE PEACE AND ACTS OF AGGRESSION
Article 39
The Security Council determines the existence of any threat to the 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 worsening of the situation, the Security Council is empowered, before making recommendations or deciding to take measures under Article 39, to require the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall 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 shall be authorized to decide what measures, other than the use of armed force, shall be taken to give effect to its decisions, and it may require the Members to apply these measures. These measures may include a complete or partial interruption of economic relations, rail, sea, air, postal, telegraph, radio or other means of communication, as well as the severance of diplomatic relations.
Article 42
If the Security Council considers 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 may be necessary to maintain or restore international peace and security. Such actions may include demonstrations, blockades and other operations by the air, sea or land forces of the Members.
Article 43
1. All Members of the Organization, in order to contribute to the maintenance of international peace and security, undertake to place at the disposal of the Security Council, at its request and in accordance with special agreement or agreements, the armed forces, assistance and appropriate facilities, including the right of way.
2. Such agreement or agreements shall determine the strength and type of troops, their degree of readiness and their general disposition, and the nature of the facilities and assistance to be provided.
3. Negotiations for an agreement or agreements are undertaken as far as possible. the shortest time initiated by 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 the signatory states, in accordance with their constitutional procedure.
Article 44
When the Security Council decides to use force, before requiring a Member not represented on the Council to contribute armed forces in pursuance of the obligations it has assumed under Article 43, the Security Council shall invite that Member, if the latter so desires, to take part in decisions of the Security Council concerning the use of military contingents of that Member.
Article 45
In order to enable the United Nations to take urgent military action, the Members of the Organization must keep national air force contingents immediately ready for joint international enforcement action. The size and readiness of these contingents and plans for their joint action shall be determined by the Security Council with the assistance of the Military Staff Committee within the limits specified in the special agreement or agreements referred to in Article 43.
Article 46
Plans for the employment 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 in all matters relating to the military needs of the Security Council in the maintenance of international peace and security, to the use and command of the troops placed at its disposal, as well as to the regulation of armaments and to possible 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 of the Organization not permanently represented on the Committee is invited by the Committee to cooperate with it if the effective performance of the duties of the Committee requires the participation of that Member in the work of the Committee.
3. The Military Staff Committee, being subordinate to the Security Council, is responsible for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces are to be worked out later.
4. The Military Staff Committee may, with the permission of the Security Council and after consultation with the appropriate regional bodies, establish its own regional subcommittees.
Article 48
1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all Members of the Organization, or by some of them, as the Security Council determines.
2. Such decisions shall be 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
The Members of the Organization must unite to render mutual assistance in carrying out the measures decided upon by the Security Council.
Article 50
If preventive or coercive measures are taken by the Security Council against any State, any other State, whether or not a Member of the Organization, which faces special economic problems resulting from the implementation of the above measures, shall have the right to consult with the Security Council for a solution. such problems.
Article 51
This Charter does not in any way affect the inalienable right of individual or collective self-defence should an armed attack occur against a Member of the Organization until such time as the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall in no way affect the powers and responsibilities of the Security Council under this Charter to take at any time such action as it deems necessary. to maintain international peace and security.
Chapter VIII. Regional agreements
REGIONAL AGREEMENTS
Article 52
1. This Charter shall in no way preclude the existence of regional arrangements or bodies for the settlement of such matters 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. The Members of the Organization which have entered into such agreements or constitute such bodies shall make every effort to achieve an amicable settlement of local disputes by means of such regional agreements or such regional bodies before the disputes are referred to the Security Council.
3. The Security Council should encourage the development of the application of the pacific settlement of local disputes through such regional arrangements 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
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Resolution of the UN General Assembly of September 16, 2005 N 60/1 in this article excluded
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1. The Security Council shall use, where appropriate, such regional arrangements or bodies for enforcement action under its direction. However, no coercive action shall be taken, by virtue of these regional arrangements or by regional bodies, without authority from the Security Council, other than the 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 against the resumption of an aggressive policy on the part of any such State until such time as the Organization, at the request of the Governments concerned, may be made responsible for preventing further aggression on the part of such State.
2. The term "enemy state" as used in paragraph 1 of this article refers to any state which, during the Second World War, was an enemy of any of the signatory states to this Charter.
Article 54
The Security Council must be kept fully informed at all times of actions taken or contemplated by regional arrangements or by 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 the conditions of stability and well-being necessary for peaceful and friendly relations among nations, based on respect for the principle of equal rights and self-determination of peoples, the United Nations promotes:
a) Raising the standard of living, full employment of the population and conditions for economic and social progress and development;
b) Resolution of 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 separate action in cooperation with the Organization for the achievement of the objectives referred to in Article 55.
Article 57
1. Various specialized agencies, created by intergovernmental agreements and clothed with a broad international framework, defined in their constituent acts responsibilities in the economic, social, cultural, educational, health and similar fields will be brought into connection with the Organization in accordance with the provisions of Article 63.
2. Such institutions to be so placed in connection with the Organization are referred to in the following articles as "specialized institutions".
Article 58
Article 59
The Organization shall, if necessary, take the initiative to have the States concerned enter into negotiations for the establishment of any new specialized agencies required for the fulfillment of the purposes referred to in Article 55.
Article 60
The responsibility for the performance of the functions of the Organization referred to in this Chapter shall rest with the General Assembly and, under the authority of the General Assembly, with the Economic and Social Council, which shall be vested for this purpose with the powers referred to in Chapter X.
ECONOMIC AND SOCIAL COUNCIL
Article 61
1. The Economic and Social Council shall consist 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 after the increase in the number of members of the Economic and Social Council from twenty-seven to fifty-four, twenty-seven additional members shall be elected in addition to the members elected in place of the nine members whose terms expire at the end of the year in question. Nine of the twenty-seven additional members thus elected will expire at the end of the first year, and the terms of the other nine members will expire at the end of the second year, in accordance with the decision of the General Assembly.
4. Each member of the Economic and Social Council shall have one representative.
Article 62
1. The Economic and Social Council is empowered to undertake studies and draw up reports on international affairs in economic, social, cultural, educational, health and similar matters or encourage others to do so, as well as make recommendations on any of these issues to the General Assembly, the Members of the organization and the specialized agencies concerned.
3. The Council is empowered to prepare draft conventions for submission to the General Assembly on matters within its competence.
4. The Council is authorized to convene, in accordance with the rules prescribed by the Organization, international conferences on matters within its competence.
Article 63
1. The Economic and Social Council is empowered to enter into agreements with any of the institutions referred to in Article 57, specifying the conditions under which the institutions concerned will be brought into connection with the Organization. Such agreements are subject to the approval of the General Assembly.
2. The Council shall be empowered to harmonize the activities of the specialized agencies by consulting with them and making recommendations to such agencies and by making recommendations to the General Assembly and the Members of the Organization.
Article 64
1. The Economic and Social Council is empowered to take appropriate steps to receive regular reports from the specialized agencies. The Council is authorized to enter into agreements with the Members of the Organization and with the specialized agencies for the purpose of receiving from them reports on the measures taken by them in pursuance of its own recommendations and those of the General Assembly on matters within its competence.
2. The Council is authorized to communicate to the General Assembly its comments on these reports.
Article 65
The Economic and Social Council is authorized to provide information to the Security Council and, at the proposal of the Security Council, is obliged to assist it.
Article 66
1. The Economic and Social Council shall exercise 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 empowered 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 these Statutes or as may be assigned to it by the General Assembly.
Article 67
1. Each member of the Economic and Social Council shall have 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.
Article 68
The Economic and Social Council establishes commissions in the economic and social areas and for the Promotion of Human Rights, and such other commissions as may be required for the performance of its functions.
Article 69
The Economic and Social Council invites any Member of the Organization to participate, without the right to vote, in its deliberations on any question representing special interest for that Member.
Article 70
The Economic and Social Council is authorized to hold events for the participation, without the right to vote, of representatives of specialized institutions in the discussion of issues in the Council or in commissions established by it, as well as for the participation of representatives of the Council in the discussion of issues in specialized institutions.
Article 71
The Economic and Social Council is authorized to take appropriate measures for consultation with non-governmental organizations interested in matters within its competence. Such arrangements may be made with international organizations and, if necessary, with national organizations after consultation with the Member concerned.
Article 72
1. The Economic and Social Council shall establish its own rules of procedure, including the manner in which its President shall be elected.
2. The Economic and Social Council shall convene as and when necessary, in accordance with its own rules, which shall include provisions for convening meetings at the request of a majority of its members.
Chapter XI. Declaration regarding Non-Self-Governing Territories
DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES
Article 73
Members of the United Nations who have or assume responsibility for the administration of territories whose peoples have not yet attained full self-government recognize the principle that the interests of the people of those territories are paramount and, as a sacred duty, undertake to contribute to the greatest extent possible to 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 to this end:
a) To ensure, with due respect for the culture of the said peoples, their political, economic and social progress, progress in the field of education, their fair treatment and protection from abuse;
b) develop self-government, take due account of the political aspirations of these peoples and assist them in the progressive development of their free political institutions, in accordance with the specific circumstances of each territory and its peoples and with their different stages of development;
c) Strengthen international peace and security;
d) To promote 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 objectives set forth in this article and
e) Communicate regularly to the Secretary-General for information and with such limitation as may be necessary for reasons of security and constitutional order, statistical and other information of a special nature relating to economic, social and educational conditions in the territories for which they are respectively responsible , except for those territories to which Chapters XII and XIII apply.
Article 74
The Members also agree that their policy with regard to the territories to which this Chapter applies shall be based, no less than in respect of their mother countries, on the general principle of good neighbourliness, with due regard to the interests and welfare of the rest of the world in social, economic and trade.
Chapter XII. International Guardianship System
INTERNATIONAL GUARDIANCY SYSTEM
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Resolution of the UN General Assembly dated September 16, 2005 N 60/1 in this chapter excluded references to the Trusteeship Council.
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Article 75
The United Nations creates under its leadership international system trusteeship for the administration of those territories that may be included in it by subsequent individual agreements, and for the supervision of these territories. These territories are hereinafter referred to as "trust territories".
Article 76
The main objectives of the trusteeship system, in accordance with the Purposes of the United Nations set out in Article 1 of this Constitution, are:
a) Strengthen international peace and security;
b) To promote the political, economic and social progress of the people of the trust territories, their progress in education and their 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 the freely expressed desire these peoples and as may be provided for in the terms of each trusteeship agreement;
c) Promote respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, religion, and encourage recognition of the interdependence of the peoples of the world;
d) To ensure equal treatment of Members and their citizens in the social, economic and commercial fields, and equal treatment in the administration of justice, without prejudice to the achievement of the foregoing objectives and subject to the provisions of Article 80.
Article 77
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Resolution of the UN General Assembly of September 16, 2005 N 60/1 in this article excluded references to "enemy states".
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1. The trusteeship system extends to such territories from the following categories, which may be included in it by trusteeship agreements:
a) Territories currently under the mandate;
b) Territories that may be wrested 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 trust system and under what conditions will be the subject of a subsequent agreement.
Article 78
The system of trusteeship 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.
Article 79
The terms of trust for each territory to be included in the trust system, including all changes and amendments, shall be determined by agreements of the states directly concerned, including mandate holders in the case where the territories are under the mandate of one of the Members of the Organization, and shall be approved as provided in articles 83 and 85.
Article 80
1. Except as may be agreed in individual trusteeship agreements entered into pursuant to articles 77, 79 and 81, incorporating each territory into a trust system, and pending the conclusion of such agreements, nothing in this Chapter shall be construed as modifying any no matter what the conditions of the existing international agreements to which the Members of the Organization, respectively, may be parties.
2. Paragraph 1 of this article shall not be construed as giving grounds for delaying or postponing the negotiations and conclusion of agreements for the inclusion of mandated and other territories in the system of trust, as provided for in article 77.
Article 81
The trust agreement in each case must include the terms under which the trust area will be administered, as well as determine the authority that will administer the trust area. Such authority, hereinafter referred to as the administering authority, may be one or more states or the United Nations as such.
Article 82
Any trusteeship agreement may define a strategic area or areas, which may include part or all of the trust area covered by the agreement, without prejudice to any special agreement or agreements entered into under article 43.
Article 83
1. All functions of the United Nations relating to strategic areas, including the approval of the terms of trusteeship agreements and their modifications 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 be assisted by the Trusteeship Council in the performance of those functions of the United Nations under the trusteeship system relating to political, economic, social, and areas of education in strategic areas.
Article 84
It is the duty of the administering authority to ensure that the trust area plays its part in the maintenance of international peace and security. For this purpose, the administering authority shall be empowered to use volunteer armed forces, facilities and assistance from the trust area in fulfilling the obligations assumed by the administering authority in this regard to the Security Council, as well as for local defense and the maintenance of law and order within the trust area.
Article 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 trusteeship agreements and their modifications or amendments, shall be carried out by the General Assembly.
2. The Trusteeship Council, acting under the direction of the General Assembly, assists the General Assembly in the performance of these functions.
Chapter XIII. Composition for guardianship
COMPOSITION FOR CUSTODY
Chapter XIV. international Court
Article 92
The International Court of Justice is the main judicial organ of the United Nations. It shall act in accordance with the appended Statute, which is based on the Statute of the Permanent Court of International Justice and forms an integral part of this Statute.
Article 93
1. All Members of the Organization are ipso facto parties to the Statute of the International Court of Justice.
2. A State which is not a Member of the Organization may become a party to the Statute of the International Court of Justice under conditions to be determined, in each individual case, by the General Assembly on the recommendation of the Security Council.
Article 94
1. Each Member of the Organization undertakes to comply with the decision of the International Court of Justice in the case to which it is a party.
2. In the event that any party to a case fails to comply with the obligation imposed on it by a decision of the Court, the other party may apply to the Security Council, which may, if it deems it necessary, make recommendations or decide to take measures to enforce the decision .
Article 95
This Constitution does not in any way prevent the Members of the Organization from entrusting the settlement of their differences to other courts by virtue of agreements already in existence or such as may be concluded in the future.
Article 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 the specialized agencies, which may at any time be authorized to do so by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
Chapter XV. Secretariat
Article 97
The Secretariat shall consist 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 General Secretary is the chief administrative officer of the organization.
Article 98
The Secretary General shall act in that capacity at all meetings of the General Assembly, the Security Council, the Economic and Social Council and the Trusteeship Council, and shall perform such other functions as may be assigned to him by these bodies. The Secretary General submits to the General Assembly an annual report on the work of the Organization.
Article 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 external to the organization. They must refrain from any action that might affect their position as international officials responsible 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 attempt to influence them in the performance of their duties.
Article 101
1. The staff of the Secretariat shall be appointed by the Secretary General, in accordance with the rules laid down by the General Assembly.
2. Appropriate personnel shall be assigned to serve permanently in the Economic and Social Council, in the Trusteeship Council and, as required, in other organs of the Organization. This staff forms part of the Secretariat.
3. Recruitment and conditions of service should be guided primarily by the need to ensure high level performance, competence and integrity. Due regard should be given to the importance of recruiting staff on as wide a geographical basis as possible.
Chapter XVI. Miscellaneous rulings
Article 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 and published by the Secretariat.
2. No party to any such treaty or international agreement not registered under paragraph 1 of this article may invoke such treaty or agreement before any organ of the United Nations.
Article 103
In the event that the obligations of the Members of the Organization under these Statutes are in conflict with their obligations under any other international agreement, the obligations under these Articles shall prevail.
Article 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 purposes.
Article 105
1. The United Nations shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the accomplishment of its purposes.
2. Representatives of the Members of the Organization and its officials shall also enjoy the privileges and immunities necessary for the independent performance of their functions related to the activities of the Organization.
Chapter XVII. Security measures during the transition period
SECURITY MEASURES IN THE TRANSITION PERIOD
Article 106
Pending the entry into force of such special agreements referred to in Article 43 as, in the opinion of the Security Council, enable it to commence the exercise of its duties under Article 42, the parties to the Four Power Declaration, signed at Moscow on October 30, 1943, and France shall, in accordance with the provisions of paragraph 5 of this Declaration, to consult with each other and, if necessary, with other Members of the Organization for the purpose of such joint action on behalf of the Organization as may be necessary for the maintenance of international peace and security.
Article 107
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Resolution of the UN General Assembly of September 16, 2005 N 60/1 in this article excluded references to "enemy states".
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This Charter does not in any way invalidate actions taken or authorized as a result of the Second World War. responsible for such acts by governments, against any state which, during the Second World War, was an enemy of any of the signatory states to this Charter, and shall not prevent such acts.
Chapter XVIII. Amendments
Article 108
Amendments to this Statute shall enter into force for all Members of the Organization when they have been adopted by two-thirds 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.
Article 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 vote of the members of the General Assembly and by any nine members of the Security Council. Each Member of the Organization shall have one vote in the Conference.
2. Any amendment to this Charter recommended by a two-thirds vote of the participants in the Conference shall come 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 Conference does not take place before the tenth annual session of the General Assembly, counting from the entry into force of this Constitution, a motion to convene such a Conference shall be placed on 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 votes of any seven members of the Security Council.
Chapter XIX. Ratification and signing
RATIFICATION AND SIGNATURE
Article 110
1. This Charter is subject to ratification by signatory States in accordance with their constitutional process.
2. Instruments of ratification shall be deposited with the Government of the United States of America, who shall give notice of the deposit of each instrument to all Signatory States of the Charter, as well as to the Secretary General of the Organization, when he is appointed.
3. This Charter shall enter into force upon the deposit of 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 to the Charter. Thereafter, a record of the deposit of 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. Signatory States to this Charter which ratify it after it has entered into force shall become original Members of the United Nations on the date on which they deposit their respective instruments of ratification.
Article 111
This Charter, of which the Chinese, French, Russian, English and Spanish texts 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 Charter, 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 in the city of San Francisco, this twenty-sixth day of June, one thousand nine hundred and forty-five.
Statute of the International Court of Justice
Article 1
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 operate 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, chosen, regardless of their nationality, from among persons of high moral character who meet the qualifications required in their countries for appointment to the highest judicial office or who are jurists of recognized authority in 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 may be considered, for the purposes of the composition of the Court, as a national of more than one State shall be deemed to be a national of the State in which he ordinarily enjoys 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 persons entered on the list at the proposal of 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 that purpose by their governments, subject to the conditions laid down for Members of the Permanent Court of Arbitration by Article 44 of the Hague Convention of 1907 for the Peaceful Settlement of International collisions .
3. The conditions under which a State Party to this Statute but 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 the national groups designated under Article 4, paragraph 2, proposing in writing that that each national group should nominate, within a certain period of time, candidates who may assume the office of members of the Court.
2. No group may nominate more than four candidates, with no more than two candidates being nationals of the State represented by the group. The number of candidates nominated by a group may in no case exceed more than twice the number of seats to be filled.
Article 6
It is recommended that each group seek the opinion of the highest courts, law schools, law schools and academies in their country, as well as national branches of international academies engaged in the study of law, before nominating candidates.
Article 7
1. The Secretary General shall draw up, in alphabetical order, a list of all persons whose nominations have been made. Except in the case provided for in paragraph 2 of Article 12, only persons included in this list may be elected.
2. The Secretary General shall submit this list to the General Assembly and the Security Council.
Article 8
The General Assembly and the Security Council shall proceed to the election of the members of the Court independently of each other.
Article 9
In the election, the electors must bear in mind that not only each one elected individually must meet the requirements, but the entire body of judges as a whole must ensure the representation of the most important forms of civilization and the main legal systems of the world.
Article 10
1. Candidates who receive 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 for the election of judges or for the appointment of members of the conciliation commission provided for in Article 12, shall be taken without any distinction between permanent and non-permanent members of the Security Council.
3. In the event that an absolute majority of votes were given both in the General Assembly and in the Security Council for more than one citizen of the same state, only the eldest in age is considered elected.
Article 11
If, after the first meeting called for elections, one or more seats are left unfilled, a second and, if necessary, a third meeting will be held.
Article 12
1. If, after the third meeting, one or more seats remain unfilled, then at any time, at the request of either the General Assembly or the Security Council, a conciliation commission may be convened, consisting of six members: three for the appointment of the General Assembly and three for the appointment of the Security Council, to elect, by an absolute majority of votes, one person for each seat still vacant, and to submit his candidature to the discretion of the General Assembly and the Security Council.
2. If the conciliation commission unanimously decides on the candidature of a person who satisfies the requirements, his name may be included in the list, even though he was not included in the lists of candidates provided for in Article 7.
3. If the conciliation commission is satisfied that elections cannot take place, then the members of the Court, already elected, shall proceed, within a time period to be determined by the Security Council, to fill the vacant seats by electing the members of the Court from among the candidates for whom the votes have been cast or by the General Assembly or in the Security Council.
Article 13
1. The members of the Court shall be elected for nine years and may be re-elected, provided, however, that the terms of office of five judges of the first composition of the Court shall expire in three years and the terms of office of another five judges in six years.
2. The Secretary General shall immediately after the close of the first election determine by lot which of the judges shall be deemed to have been elected for the above initial terms of three years and six years.
3. The members of the Court continue to perform their office until they are replaced, they are obliged to complete the work they have begun.
4. If a member of the Court submits a letter of resignation, the letter of resignation 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 that have become vacant shall be filled in the same manner as for the first election, subject to the following rule: within one month of the opening of a vacancy, the Secretary-General shall proceed to send out the invitations provided for in Article 5, and the day of the election shall be fixed 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 issue are resolved by the ruling of the Court.
Article 17
1. No member of the Court may act as a representative, attorney or advocate in any case.
2. No member of the court may participate in the resolution of any case in which he previously participated as chairman, attorney or lawyer 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 issue are resolved by the ruling of the Court.
Article 18
1. A member of the Court shall not be removed from office unless, in the unanimous opinion of the other members, he no longer satisfies the requirements.
2. The Secretary General shall be formally 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 performance of their judicial duties, shall enjoy diplomatic privileges and immunities.
Article 20
Each member of the Court shall, before assuming office, make a solemn declaration in open session of the Court that he will discharge his office impartially and in good faith.
Article 21
1. The Court shall elect a President and Vice-President for three years. They may be re-elected.
2. The Court shall appoint its own Registrar and may arrange for the appointment of such other officers as may be necessary.
Article 22
1. The seat of the Court shall be The Hague. This shall not, however, prevent the Court from sitting and exercising its functions elsewhere in all cases in which the Court deems 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 permanently, except for judicial vacancies, the terms and duration of which are established by the Court.
2. Members of the Court shall be entitled to periodical leave, the time and duration of which shall be determined by the Court, taking into account the distance from The Hague to permanent place residence of each judge in the home country.
3. Members of the Court shall be at the disposal of the Court at all times, except when on vacation and absent 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 take part in the decision 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 session on a particular case, he warns him about it.
3. If in this case a disagreement arises between a 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 to constitute the Court is not less than eleven, the Rules of Court may provide that one or more judges may, as the case may be, be exempted in turn from sitting.
3. A quorum of nine judges is sufficient to form a judicial presence.
Article 26
1. The Court may, as the need arises, form one or more chambers, composed of three or more judges, at the discretion of the Court, to deal with certain categories of cases, such as labor cases and cases relating to transit and communications.
2. The court may at any time form a chamber to hear a specific case. The number of judges forming such a chamber shall be determined by the Court with the approval of the parties.
3. Cases shall be heard and decided by the chambers provided for in this article, if the parties so request.
Article 27
A decision given by one of the Chambers provided for in Articles 26 and 29 shall be deemed to have been given 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, may hear and decide cases by summary procedure. Two additional judges are assigned to replace judges who recognize it is impossible for them to take part in the sessions.
Article 30
1. The Court draws up the Rules, which determine the procedure for the performance of its functions. The court, in particular, establishes the rules of legal proceedings.
2. The Rules of Procedure of the Court may provide for participation in the sittings of the Court or its Chambers of Assessors without the right to a decisive vote.
Article 31
1. Judges who are nationals of either party shall retain the right to sit in hearings on a case before the Court.
2. If there is a judge who is a citizen of one country in the composition of the court presence, any other party may elect to participate in the presence as a judge a person of his choice. This person shall be elected predominantly from among those nominated as candidates, in the manner provided for in Articles 4 and 5.
3. If there is not a single judge in the court presence who is the nationality of the parties, then each of these parties may elect a judge in the manner prescribed 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 yield their seat to Members of the Court of the nationality of the parties concerned, or, in the absence of as such, or failing to attend, to judges specially chosen by the parties.
5. If several parties have a common question, they, in so far as it concerns the application of the previous provisions, are considered as one party. In case of doubt on this issue, they are resolved by a ruling of the Court.
6. Judges elected as set out in 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 equal terms 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-Chairman shall receive a special allowance for each day he is acting as Chairman.
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 remunerations shall be fixed by the General Assembly. They cannot be reduced during the service life.
6. The salary of the Registrar of the Court shall be fixed by the General Assembly on the proposal of the Court.
7. Rules laid down by the General Assembly shall determine the conditions under which members of the Court and the Registrar of the Court are entitled to retirement pensions, as well as the conditions under which the members and the Registrar of the Court shall be reimbursed for their travel expenses.
8. The above salaries, bonuses and remuneration are exempt from any taxation.
Article 33
The United Nations shall bear the expenses of the Court in a manner determined by the General Assembly.
Chapter II. Court jurisdiction
Article 34
1. Only states can be parties to cases before the Court.
2. Under the terms of and in accordance with its Rules, the Court may request from public international organizations information relating to cases before it, as well as receive such information submitted 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 the public international organization in question 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 can in no way place the parties in an unequal position before the Court.
3. When a State which is not a Member of the United Nations is a party to a case, the Court shall determine the amount to be paid by that party towards the expenses of the Court. This ruling does not apply if the State in question already contributes to the expenses of the Court.
Article 36
1. The jurisdiction of the Court shall include all cases referred to it by the parties and all matters expressly provided for in the Charter of the United Nations or in existing treaties and conventions.
2. The States Parties to this Statute may at any time declare that they recognize, without special agreement to that effect, ipso facto, in respect of any other State which has accepted the same undertaking, the jurisdiction of the Court as compulsory in all legal disputes concerning:
a) interpretation of the contract;
b) any question of international law;
c) the existence of a fact which, if established, would constitute a breach of an international obligation;
d) the nature and extent of the compensation due for the breach of an international obligation.
3. The above declarations may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain time.
4. Such declarations shall be deposited with the Secretary General, who shall transmit copies thereof 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 Court of International Justice which continue in force shall be deemed, as between the Parties to this Statute, as their acceptance of the jurisdiction of the International Court of Justice for themselves, for the unexpired period of such declarations and subject to the conditions in them outlined.
6. In the event of a dispute about the jurisdiction of the case to the Court, the issue is resolved by a ruling of the Court.
Article 37
Whenever a treaty or convention in force provides for the referral of a case to a Court to be established 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 decide disputes submitted to it on the basis of international law, applies:
a) international conventions, both general and specific, laying down rules expressly recognized by the contending states;
b) international custom as evidence of a general practice accepted as law;
c) the general principles of law recognized by civilized nations;
d) Subject to the reservation referred to in Article 59, the judgments and doctrines of the most qualified publicists of the various nations, as an aid to the determination of legal norms.
2. This ruling does not limit the power of the Court to decide ex aequo et bono if the parties so agree.
Chapter III. Litigation
Article 39
1. The official languages of the Court are French and English. If the parties agree to conduct the case in French, the decision shall be made in French. If the parties agree to conduct the case in English, then the decision is made in English.
2. In the absence of an agreement as to which language will be used, each party may use the language of its preference in adjudication; the judgment of the Court shall be issued in French or English. In this case, the Court simultaneously determines which of the two texts is considered authentic.
3. The Court shall, at the request of any party, 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 written application 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 shall also notify the Members of the United Nations, through the Secretary General, as well as other States entitled to have access to the Court.
Article 41
1. The Court shall have the power to indicate, if in its opinion the circumstances so require, any provisional measures to be taken to secure the rights of each of the parties.
2. Pending the conclusion of the decision, the communication on the proposed measures shall immediately be brought to the attention of the parties and the Security Council.
Article 42
1. The parties act through representatives.
2. They may have the assistance of attorneys or lawyers in the Court.
3. Representatives, attorneys and advocates representing parties to the Court shall enjoy the privileges and immunities necessary for the independent performance of their duties.
Article 43
1. Legal proceedings consist of two parts: written and oral proceedings.
2. Written proceedings consist of communication to the Court and the parties of memorandums, counter-memorials and, if necessary, answers 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 fixed by the Court.
4. Any document presented by one of the parties must be communicated to the other in a certified copy.
5. Oral proceedings consist of the hearing by the Court of witnesses, experts, representatives of attorneys and lawyers.
Article 44
1. For the delivery of all notices to persons other than representatives of attorneys and advocates, the Court shall apply directly to the government of the state in 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
The hearing of the case shall be presided over by the President or, if he is unable to preside, by the Vice-President; if neither is able to preside, the senior judge present presides.
Article 46
A hearing before the Court shall be held in public, unless the Court decides otherwise or unless the parties request that the public not be admitted.
Article 47
1. Minutes are kept of each court session, signed by the Secretary and the Chairman.
2. Only this protocol is authentic.
Article 48
The court orders the direction of the case, determines the forms and time limits in which each party must finally present 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 expert 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 put before the witnesses and experts, subject to the conditions determined by the Court in the Rules referred to in Article 30.
Article 52
Upon receipt of the evidence within the time limits set for this, the Court may refuse to admit all further oral and written evidence that one of the parties would like to present 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 decide the case in its favor.
2. The Court must, before granting this application, ascertain not only whether it has jurisdiction in the case under Articles 36 and 37, but also whether the claim has sufficient factual and legal grounds.
Article 54
1. When representatives, lawyers and solicitors, under the guidance of the Court, have completed their explanations of the case, the President shall declare the hearing closed.
2. The court retires to discuss the decisions.
3. The deliberations of the Court shall take place in closed session and shall be kept in secret,
Article 58
The decision is signed by the President and the Registrar of the Court. It shall be announced in open session of the Court after due notification of the representatives of the parties.
Article 59
The decision of the Court is binding only on 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 as to the meaning or scope of the decision, the Court shall interpret it at the request of either party.
Article 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, subject to the indispensable condition that such ignorance was not due to negligence.
2. The proceedings for reconsideration are opened by a ruling of the Court, which expressly establishes the existence of a new circumstance, recognizing the nature of the latter as giving rise to a retrial, and announces the acceptance, therefore, of the request for reconsideration.
3. The court may require that the conditions of the judgment be met before it opens retrial proceedings.
4. The request for review must be made before the expiration of the six-month period after the discovery of new circumstances.
5. No request for review may be made after ten years have elapsed from the date of the decision.
Article 62
1. If a State considers that any of its interests of a legal nature may be affected by a decision in a case, that State may apply to the Court for leave to intervene.
2. The decision on such a request belongs to the Court.
Article 63
1. If a question arises as to the interpretation of a convention in which, in addition to the parties concerned, other states also participate, the Registrar of the Court shall immediately notify all these states.
2. Each of the States so notified shall have the right to intervene, and if it avails itself of this right, the interpretation contained in the decision is equally binding on it.
Article 64
Unless otherwise determined by the Court, each party shall bear its own legal costs.
Chapter IV. Advisory Opinions
ADVISORY OPINIONS
Article 65
1. The Court may give advisory opinions on any legal question at the request of any institution empowered to make such requests by or under the Charter of the United Nations itself.
2. Matters on which an advisory opinion of the Court is sought shall be submitted to the Court in a written statement containing an exact statement of the matter on which an 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 forthwith communicate the application containing the request for an advisory opinion to all States entitled to have access to the Court.
2. In addition, the Registrar of the Court shall, by special and express notice, inform 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), give information on the matter that The Court is prepared to accept, within a time limit to be determined by the President, written reports relating to the matter or to hear similar oral reports at a public meeting appointed for that purpose.
3. If such State, which has the right of access to the Court, does not receive the special notice referred to in paragraph 2 of this Article, it may wish to submit a written report or be heard; The court decides on this matter.
4. States and organizations which 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 time limits fixed in each case by the Court or, if it is not sitting , President of the Court. For this purpose, the Registrar of the Court shall communicate, in due course, all such written reports to States and organizations which themselves have submitted such reports.
Article 67
The Court delivers its advisory opinions in open session, of which the Secretary-General and representatives of the Members of the United Nations directly concerned, other states and international organizations are notified.
Article 68
In the exercise of its advisory functions, the Court shall, in addition to that, be guided by the provisions of this Statute relating to disputed cases, insofar as the Court finds them applicable.
Chapter V Amendments
Article 69
This Statute shall be amended in the same manner as provided for by the Charter of the United Nations for amendments to that Charter, subject, however, to all rules which may be laid down by the General Assembly on the recommendation of the Security Council concerning the participation of States which are not Members of the United Nations but which are members of the Statute.
Article 70
The Court shall have the power to propose such amendments to this Statute as it deems necessary by communicating them in writing to the Secretary General for further consideration in accordance with the rules set forth in Article 69.
Official translation.
Amendment to Article 109 of the Charter of the United Nations
(Adopted by the XX session of the General Assembly
United Nations 20 December 1965)
General Assembly,
Whereas the Charter of the United Nations has been amended to increase the composition of the Security Council 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 in Article 27 when votes of nine rather than seven members of the Council,
Whereas these amendments necessitate the amendment of Article 109 of the Constitution,
1. Decides, in accordance with Article 108 of the Charter of the United Nations, to adopt the following amendment to the Charter and 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 process.
Instrument of ratification of the USSR deposited Secretary General United Nations September 22, 1966
The amendment entered into force on June 12, 1968.
Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"
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