International law as a special system of law. The system of modern international law.

International public law- this is a special deeply structured system of law that regulates relations between subjects regarding their mutual legal proximity.

MP (Bekyashev)- this is a system of international treaty and customary norms created by states and other subjects of international law, aimed at maintaining peace and strengthening international security, establishing and developing comprehensive international cooperation, which are ensured by the conscientious fulfillment by subjects of international law of their international obligations, and, if necessary, coercion, carried out by the state individually or collectively in accordance with the current norms of international law.

Features and specifics of international law:

1) a special subject of legal regulation - international law regulates social relations that go beyond both the internal competence and the territorial borders of states.

2) special subjects of international law, which are mainly the state, nations and peoples fighting for freedom, independence and the creation of their own statehood. The FL and LE themselves are not independent subjects of international law! international intergovernmental organizations, state-like entities (state-like entities - an example, the Vatican).

These are those participants in international relations who have international rights and obligations and who exercise them in accordance with international law.

3) Special objects of international law - everything about which the subjects entered into some kind of relationship. Object - international or interstate relations that do not belong exclusively to the internal competence of the state-va and go beyond the state territory of each particular state-va.

4) A special procedure for norm-formation - the norms of international law are created directly by the subjects of international law themselves, but first of all by states, this happens through the free agreement of the wills of sovereign states and the expression of this agreed will in international treaties concluded between them. States have the right to make reservations regarding the norms of certain articles of the treaty that are unacceptable to them, or in general, the state has the right to refuse to participate in an international treaty.

5) A special procedure for coercion to comply with the norms of international law - coercion of subjects of international law carried out by the subjects of international law on the basis of existing international legal norms. The application of international legal sanctions to the violator of the norms of international law (typical of the activities of international organizations - the UN, the UN Security Council).

6) Special sources of MP: international treaties and international customs.

MP system -a set of international norms, institutions and branches of MT, taken in their unity and interdependence. The core of the MT system is the imperative norms embodied in the basic principles of the MT. MP industry - a set of customary legal norms of international law codified in an international treaty that regulate the relations of the subjects of international business in one broad area of ​​their international cooperation (the law of international treaties, the law of external relations, the law of international organizations, the law of international security, international environmental law, international humanitarian law, international maritime law, international space law). Institute of Law - this is a set of international legal norms relating to the relations of the subjects of the MP on any specific object of legal regulation or establishing the international legal status or regime for the use of any region, sphere, space or other object (the institution of diplomatic missions and privileges). Among the problems of systematization of MT, one can name the problem of determining the branch "registration" of several groups of norms regulating the regime of certain territories (spaces). For example, the issues of the legal status of the state territory, including areas with a special regime, the legal status of Antarctica "dropped out" of the industry classification.

MP functions:

1) protective - resolution of international disputes, etc.

2) regulatory

3) the function of coordination (management) - is aimed at coordinating interstate cooperation, managing the international activities of states.

The international system (in the broad sense) is a set including:

1) a wide variety of subjects of the international system or actors of the international system (actors)

2) relations between numerous subjects of the international system (political, social, etc.).

3) a set of legal systems, incl. national within the framework of which relations between the subjects of the international system are carried out

Narrow sense - a set, ktr includes:

1) the subjects of the MP are precisely the subjects of power - the state, international organizations, etc.

2) international relations, i.e. relations between the subjects of MP

3) international public law itself, within the framework of which the subjects of international law act

The international normative system includes:

1) actually MP

2) political norms - existing in declarations, joint statements, resolutions of international meetings, resolutions of international meetings, communiques. These norms represent the agreed will of the states, but do not have binding legal force.

3) the norms of international "soft law" (softlaw) - the content in the resolutions of international organizations, some agreed agreements, agreed provisions, but which do not have binding legal force, but in relation to the participants of this interorganizational organization, which expressed a desire to oblige them to such norms - they must follow these rules.

2. Sources of modern international law: treaty, custom, general principles of law. The process of creating the norms of modern international law. Auxiliary sources.

All sources within the MP, as a rule, are combined into 3 groups:

1) main sources: international treaties, international customs and general principles of law

2) derivative or secondary sources: resolutions and decisions of international organizations

3) auxiliary sources: court decisions, the doctrine of the most qualified specialists, unilateral statements of state-in.

Art. 38 of the Statute of the International Court of Justice - an indicative list of sources

1. Main sources:

1) an international agreement - in accordance with paragraphs. and paragraph 1 of Article 38 of the Statute - an international court, when resolving disputes submitted to it, it applies international conventions, both general and special, establishing rules that are specifically recognized by the disputing states. According to the Vienna Convention "On the Law of Treaties" of 1969, a treaty means an international agreement concluded between states in writing and governed by international law, regardless of whether such an agreement is contained in one document, in 2 or several related documents. a doc-x, as well as regardless of its specific denomination. Great importance is attached to international dog-m, it is believed that this is not an ideal regulatory tool, because. the process of agreeing between the dog-ra is very long, and the relationship is quite dynamic.

Classification of international contracts

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The Statute of the International Court of Justice (subparagraph "b" of paragraph 1 of Article 38) defined custom as evidence of "general (in the Russian text the term "general" is erroneously used - I.L.) practice accepted as a legal norm."

In contemporary international law, there are two types of customary rules.

The first, traditional, is an unwritten rule that has developed in practice, which is recognized as having legal force.

The second is a new type, which includes norms created not by long-term practice, but by the recognition as such of the rules contained in a particular act.

Norms of the second type are first formulated either in treaties or in such non-legal acts as resolutions of international meetings and organizations, and later they are recognized as norms of general international law. Legally, they exist as a custom, and the relevant acts serve as evidence of their content. Thus, the resolution of the UN General Assembly can serve as proof of the existence and content of customary norms of international law. Norms of the second type are quickly created and are able not only to consolidate the established practice, but also to shape it, which is extremely important in our dynamic age.

To understand the process of forming a custom, it is necessary to clarify two basic concepts - the concepts of practice and recognition of legal force (opinio juris). Practice means the action or refraining from the actions of subjects, their organs. We are talking about the practice in the process of which the norms of international law are formed. Diplomacy also knows another concept of practice, which refers to the rules that have developed in the interaction of subjects, which they prefer to follow, despite their lack of legal force. In the doctrine, such a practice, in contrast to custom, is called custom.

Practice must be sufficiently definite, uniform, so that a general rule can be deduced from it. The International Court of Justice pointed to the repudiation of the custom in the case of "great uncertainty and contradictions." This is one of the reasons why such forms of practice in which the position of the subjects is expressed quite clearly (statements, notes, communiqués, resolutions of international bodies and organizations) are becoming increasingly important for the establishment of custom.

The practice should be sufficiently stable and should not significantly deviate from the norm. However, this requirement cannot be made absolute. The International Court of Justice “does not consider that, in order to establish a customary rule, the relevant practice must absolutely coincide with the rule. It seems to the Court that the behavior of states should generally follow these rules.”

We can say that the acts of international organizations have given the custom a second wind. With their help, customary norms are formed, fixed, interpreted, enforced. Thanks to them, it was possible to overcome a number of traditional shortcomings of the custom. Now it began to be created quite quickly, in clearer forms, its content became publicly available. Resolutions contribute to the establishment of custom in practice, adapt its content to new conditions, which strengthens the connection of custom with life.

The duration of the practice has never been decisive for the acceptance of the custom. Much depends on the specific conditions. With abrupt changes and the emergence of new problems requiring urgent solutions, the usual norm may develop as a result of a single precedent.


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 an external form of consolidation and expression of the norm 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, which today play an important role in the general process of formation of the norms of international law, the results of which are clothed in the form of an agreement 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, one can speak of international rule-making, and in the second case, of 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.

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Permanent Court of International Justice

The first international judicial body designed for the peaceful resolution of disputes was the Permanent Court of International Justice (PPJJ), established in 1920 under the auspices of the League of Nations.

The Chamber was created and financed by the League of Nations, however, the Chamber was not part of the League, and its Statute was not part of the Statute of the League. A state that became a member of the League did not automatically become a party to the statute of the PPMP. On the other hand, several hundred treaties have been signed providing for the jurisdiction of the PPMP in disputes related to these treaties.

Between 1922 and 1940, the PPMP ruled on 29 state disputes and adopted 27 advisory opinions, of which almost all were implemented. The Chamber has also made a significant contribution to the development of international law. Its activities were interrupted by the Second World War, and then, in 1946, together with the League of Nations, the Chamber was dissolved. The successor to the Chamber was the International Court of Justice.

Establishment of the International Court of Justice

This Conference decided to establish a new judicial body which, in accordance with Article 92 of the Charter of the United Nations as finally adopted, "is the principal judicial organ of the United Nations" and operates in accordance with its Statute. In accordance with the same provision, the Statute of the International Court of Justice, annexed to the Charter of the United Nations, forms an integral part of the Charter. The Statute was adopted unanimously together with the Charter at the conclusion of the Conference on 25 June 1945 and entered into force in accordance with paragraph 3 of Article 110 of the Charter on 24 October 1945.

The Court first met on 3 April 1946 at the Peace Palace and on 6 April elected its President, Vice-President and Registrar. The first President of the Court was elected Judge José Gustavo Guerrero (El Salvador), who was President of the PPMP until its dissolution. On April 18, 1946, the International Court of Justice held its first public session.

UN Charter on the International Court of Justice

The UN Charter contains Chapter XIV "International Court of Justice", consisting of five articles (Articles 92 - 96), which define the general most important provisions relating to the Court.

Article 92 establishes:

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 paragraph 1 determines that all member states of the UN are ipso facto parties to the statute of the Court. This is a significant difference from the state of affairs that existed under the League of Nations, when a state member of the League could not be a party to the statute of the PPMP.

According to Article 93, paragraph 2, a state that is not a member of the UN may also become a party to the statute on conditions that are determined in each individual case by the General Assembly on the recommendation of the Security Council.

Article 94 obliges States to comply with the decisions of the Court in cases to which they are parties. In cases where any party in a case fails to comply with the Court's decision, the other party may apply to the Security Council, which in turn may make recommendations or take action to enforce the decision.

Article 96 empowers the General Assembly and the Security Council to request advisory opinions from the International Court of Justice for any legal matter. Other bodies and specialized organizations of the United Nations, having received the appropriate permission of the General Assembly, may also request advisory opinions, but only on such legal issues that arise within their scope of activity.

Structure and composition of the Statute

The statute is divided into 5 chapters and contains a total of 70 articles.

The statute begins with article 1 proclaiming:

The International Court of Justice, established by the Charter of the United Nations as the principal judicial organ of the United Nations, shall be constituted and act in accordance with the following provisions of this Statute.

The remaining 69 articles are grouped in 5 chapters:

  • 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).

CHAPTER I: Organization of the Court

Articles 2-33 of the Statute govern the organization of the Court.

The court consists of 15 members, while "it cannot include two citizens of the same state." The nomination of candidates is not made by the states, but by the national groups of the Permanent Court of Arbitration. Elections of the members of the Court are carried out independently by the General Assembly and the Security Council of the Court.

Judges are elected for 9 years and can be re-elected (art. 13). They are not allowed to perform any political or administrative duties, they "may not devote themselves to any other occupation of a professional nature." In the performance of their judicial duties, judges enjoy diplomatic privileges and immunities. The Court elects its President and Vice-President for three years; subsequently they can be re-elected (art. 21).

The seat of the Court is set to The Hague, but the Court is not prohibited "to sit and perform its functions in other places in all cases when the Court finds it desirable" (Article 22). The Court may sit either in full composition or form chambers composed of three or more judges.

Article 31 contains provisions regarding the right of a party (state) to be represented in the Court by a judge of its nationality. If the Court already has judges who are nationals of both parties, then these judges “reserve the right to sit in the proceedings on a case before the Court”. If there is no judge in the Court who has the nationality of one of the parties, then she has the right to choose a judge to participate in this case. Judges thus elected "participate in decision-making on an equal footing with their colleagues".

Article 32 regulates the pay of the members of the Court and its President, Vice-President and Registrar, and Article 33 specifies that the expenses of the Court shall be borne by the United Nations.

CHAPTER II: Competence of the Court

Articles 34-38 of the Statute regulate the competence of the Court.

Article 34 establishes a general provision according to which only states can be parties to a case before the court. From this, in particular, it follows that the UN does not have the right to file complaints before its main judicial body.

Article 36 governs the jurisdiction of the Court in specific disputes. Paragraphs 1 and 2 of this article indicate three ways in which a case may be brought before the Court. These include:

  • Initiation of proceedings by agreement of the parties.
  • Initiation of a case on the basis of a previously concluded agreement providing for the transfer of disputes of a certain category to the Court by a unilateral statement of one of the parties.
  • Initiation of proceedings on the basis of an application by a state party to the Statute of the Court to recognize the jurisdiction of the Court as compulsory in relation to any other state that has assumed the same obligation.

At the same time, Article 36, paragraph 6 of the Statute explains that "in the event of a dispute about the jurisdiction of the case to the Court, the issue is resolved by the decision of the Court."

Article 38, which is considered one of the most important in the Statute, in paragraph 1 indicates the sources of law applied by the court. In addition to them, Art. 38, paragraph 2 gives the Court the right "to decide the case ex aequo et bono, if the parties so agree."

CHAPTER III: Legal proceedings

The articles of the chapter define the procedures and order of legal proceedings. French and English are established as the official languages ​​of the Court (Article 39, paragraph 1). However, at the request of any of the parties, the Court is obliged to grant her the right to use a language other than French and English (Article 39, paragraph 3).

Hearings in the Court are held in public, unless "the Court decides otherwise or if the parties do not require that the public be not admitted" (Article 46), and the meetings of the Court from the public are closed and kept secret (Article 54, paragraph 3) . At the same time, “all issues are resolved by a majority vote of the judges present” (Article 55, paragraph 1), and in the event of an equality in the number of votes, “the voice of the Chairman or the Judge replacing him gives an advantage” (Article 55, paragraph 1).

Article 60 establishes that the decision of the Court is final and not subject to appeal. At the same time, it is allowed to apply to the Court with a request to review the decision, but “only on the basis of newly discovered circumstances that, by their nature, can have a decisive influence on the outcome of the case and which, when the decision was made, were not known to either the Court or the party asking for revision, on the indispensable condition that such ignorance was not the result of negligence” (Article 61, paragraph 1). The request for review of the case must be submitted before the expiration of the six-month period after the discovery of new circumstances (Article 61, paragraph 4); in any case, the possibility of submitting a request is limited to ten years from the date of the decision (art. 61, par. 5).

Article 41, by its content, stands out from the rest of the articles in Chapter III, touching upon an issue more important than that of procedure. This article authorizes the Court to indicate "provisional measures to be taken to secure the rights of each of the parties" with immediate communication of the proposed measures to the attention of the parties and the Security Council.

CHAPTER IV: Advisory Opinions

Articles 65-68 contain prescriptions as to what may be the subject of the Court's advisory opinions. Article 65 affirms the general principle that "The Court may give advisory opinions on any legal question, at the request of any institution authorized to make such requests by or under the Charter of the United Nations."

CHAPTER V: Amendments

Articles 69 and 70, which form Chapter V, deal with amendments to the Charter. Since the Statute is an integral part of the UN Charter, Art. 69 specifies that amendments to the Statute are introduced in the same manner as amendments to the Charter. In addition, considering that states that are not members of the UN may be parties to the Statute, Art. 69 states that the manner in which the Statute is amended shall be subject to all rules laid down in respect of these States by the General Assembly.

Notes

Comments

  1. ipso facto (lat. ipso facto - literally "by the fact") - by virtue of the fact itself, by virtue of this alone or by itself .
  2. This was precisely the position of the USSR from 1934 to 1939.
  3. Switzerland (1948-2002), Liechtenstein (1950-1990), San Marino (1954-1992), Japan (1954-1956) and Nauru (1988-1988- 1999). As of 2014, only UN member states are party to the Statute.
  4. Currently, the right to request advisory opinions is granted to three bodies (Economic and Social Council, Trusteeship Council and Intersessional Committee of the General Assembly) and 16 UN agencies (UNESCO, International Labor Organization, World Health Organization, World Bank, International Civil Aviation Organization and etc.).
  5. Such judges are usually referred to as judges. ad hoc.
  6. ex aequo et bono - in fairness. That is, in this case, when making a decision, the Court is not bound by the rules of law, but is guided by considerations of justice and common sense.

international court of justice(one of the six principal organs of the United Nations, established by the UN Charter to achieve one of the main objectives of the UN "to pursue by peaceful means, in accordance with the principles of justice and international law, the settlement or settlement of international disputes or situations that may lead to a breach of peace."

The Court, which is obliged to decide disputes submitted to it on the basis of international law, applies:

It is generally accepted that the sources of modern international law are listed in paragraph 1 of Article 38 of the Statute of the International Court of Justice, which states:

In addition to the judiciary, the International Court of Justice performs an advisory function. Under Article 96 of the UN Charter, the General Assembly or the Security Council may request advisory opinions from the International Court of Justice on any legal question. In addition, other UN bodies and specialized agencies, which may at any time be authorized to do so by the General Assembly, may also request advisory opinions of the Court. Sources of law applied by the Court

d) Subject to the reservation referred to in Article 59, the judgments and doctrines of the most qualified public jurists of the various nations, as an aid to the determination of legal norms.

The Court functions in accordance with the Statute, which is part of the UN Charter, and its Rules.

Statute of the International Court of Justice and sources of international law.

on legal issues arising within their range of activities.

Article 38 of the UN Court Statute

The average duration of a case in court is approximately 4 years.

In order to be elected, a candidate must receive an absolute majority of votes in both bodies. In order to ensure continuity in the composition of the Court, not all terms of office of the 15 judges expire at the same time. Elections are held every three years for one third of the members of the Court.

The Court has a dual function: to decide, in accordance with international law, legal disputes submitted to it by States, and to issue advisory opinions on legal questions. Under Article 96 of the UN Charter, the UN General Assembly or the UN Security Council may request advisory opinions from the International Court of Justice on any legal question.

The International Court of Justice is composed of 15 independent judges, elected regardless of their nationality, from among persons of high moral character who meet the requirements of their countries for appointment to the highest judicial positions or who are jurists of recognized authority in the field of international law.

3. Egorov A.A. Recognition and enforcement of judgments of countries participating in the Minsk Convention of the CIS // Legislation and Economics. 1998. No. 12 (178).

1. Danilenko G.M. Custom in modern international law. M.. Nauka, 1988.

2. Vinnikova R.V. Implementation of the norms of international law in the arbitration process of the Russian Federation: Abstract of the thesis. . cand. legal Sciences. Kazan, 2003.

In general, the problem of customary norms of international law is one of the most difficult theoretical problems of international law. That is why the issue of customary norms of international law has been the subject of constant attention of specialists for centuries.

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 availability of requirements in connection with; non-fulfillment of the custom, the absence of protests against the actions that make up the custom.

What kind of international custom - universal or local - are we talking about in this case? Can a custom consist of a set of international norms? What is meant by proof of the existence of custom?

II. 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, the Russian arbitration court was presented with a writ of execution of the court that issued the relevant decision.

2) sanctioning by the state of such a practice, namely: the rule of conduct that arises on its basis.

III. 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.

Treaty and custom are universal sources whose legal force derives from general international law; law-making decisions of organizations is a special source, the legal force of which is determined by the constituent act of the relevant organization.

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5. These salaries, allowances and remunerations shall be fixed by the General Assembly. They cannot be reduced during the service life.

3. It 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. Minutes are kept of each court session, signed by the Secretary and the Chairman.

3. The above declarations may be unconditional, or on conditions of reciprocity on the part of certain states, or for a certain period of time.

International Court

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.

6. The salary of the Registrar of the Court shall be fixed by the General Assembly on the proposal of the Court.

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.

Once the evidence has been received 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.

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.

3. The Court shall, at the request of any party, grant it the right to use a language other than French and English.

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.

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.

The International Court of Justice also considered cases related to the jurisdiction of states, i.e. cases connected with the exercise by the state of its power in relation to foreign citizens on its territory or over its citizens on the territory of a foreign state. They usually deal with questions of nationality, the right to asylum or immunity.

More than a dozen cases on the protection of private and commercial interests have been considered by the Court since its inception. In the 1950s, Liechtenstein made a claim to Guatemala on behalf of Riedrich Nottebohm, a former German citizen who in 1939 received Liechtenstein citizenship.

Throughout its history, the Court has experienced periods of activity and relative inactivity. Since 1985, the number of cases brought before the Court has increased, with more than a dozen cases on its list every year (this number rose sharply to 25 in 1999). This figure may seem modest, but it should be remembered that, since the number of potential litigants is much smaller than in national courts (only about 210 States and international organizations have access to the Court), the number of cases is naturally small compared to the number of cases considered by the national courts.

The repetition of actions implies the duration of their commission. But international law does not establish what period is necessary for the formation of a custom. With modern means of transport and communication, states can quickly learn about each other's actions and, accordingly, reacting to them, choose one or another way of behavior. This has led to the fact that the time factor no longer plays, as before, an important role in the process of the birth of a custom.

In addition, the Court has delimited continental shelves on several occasions, for example in the following cases: Tunisia/Libya and Libya/Malta (Continental Shelf, 1982 and 1985); Canada/United States (Gulf of Maine Maritime Boundary Delimitation, 1984); and Denmark v. Norway (Marine Delimitation in the Area Between Greenland and Jaan Mayen, 1993).

In 1992, another chamber formed by the Court put an end to the 90-year dispute between El Salvador and Honduras over land, maritime and island boundaries. In 1969, the tensions surrounding the dispute were so great that a football match between the two countries' teams in the World Cup led to a brief but bloody "football war".

International Court of Justice

The International Court of Justice in its practice was not limited to ascertaining the existence of customs, but gave them more or less clear formulations. An example is the decision of the International Court of Justice on the Anglo-Norwegian fishery dispute of 1951, containing, in particular, the definition of a customary norm, in accordance with which the coastal states could also use straight lines as a baseline for measuring the width of territorial waters.

Auxiliary means for determining the existence of a custom are unilateral actions and acts of states. They can act as evidence of the recognition of a particular rule of conduct as a custom. Such unilateral actions and acts include domestic laws and other regulations. International judicial bodies often resort to references to national legislation to confirm the existence of a customary rule.

In some cases, judicial decisions may give rise to the formation of a customary rule of international law.

· general principles of law recognized by civilized nations;

In the practice of the court, there were also cases concerning the intervention of one state in the affairs of another, and the use of force.

The case register of the International Court of Justice has grown significantly in recent times. 1992 was a record year in this regard: 13 cases were registered.