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more than one seat is to be fded, each group may nomi- authorized international organization. 62
\ nate up to four, no two of whom are of its own na- a. Contentious Cases. Two members of the United
tionality. 56 In making up its list, each national group is Nations may agree to take a certain dispute which has
urged to consult its highest court ofjustice, schools of law, arisen between them before the International Court. They
and national academies. 57 The Secretary General places may do this on ad hoc basis 63 or may agree beforehand
all nominations on one list, a copy of which he sends to the that in the future the Court willhave jurisdiction in certain
Security Council and the General Assembly. 58 The candi- cases. 64 This latter method is prohded by the so-called
date or candidates who obtain an absolute majority of "optional clause" of the Statute of the Court. This clause
votes in the separate elections which are held in the
General Assembly and in the Security Council shall be is as follows:
considered elected for a nine-year term. 59 The members Article 36(2). The states parties to the present
of the Security Council and General Assembly are urged Statute may at any time declare that they recognize as
befhe the election to bear in mind that the court should compulsory ipso facto and without special agreement, in
represent the principal legal systems of the world. 60 In this relation to any other state aaxpthg the same obligation,
way two Communist judges are usually elected to the the jurisdiction of the Court in all legal disputes concern-
Court despite the fact that Communist states will not uti- ing:
lize the Court as applicants or allow themselves to be a. the interpretation of a treaty;
brought before it as respondents. b. any question of international law;
9-5. The Law Applied by the Court. c. the existence of any fact which, if established,
Article 33 would constitute a breach of an international
1. The Court, whose function is to decide in accordance obligation;
with international law such disputes as are submitted to it, d. the nature or extent of the reparation to be
shall apply: made for the breach of an international obliga-
a. international conventions, whether general or partic- tion.
ular, establishing rules expressly recognized by the con- The declarations referred to above may be made uncondi-
testing states; tionally or on condition of reciprocity on the part of
b. International custom, as evidence of a general prac- several or certain states, or for a certain time.
tice accepted as law;
c. the general principles of law recognized by civilized All members of the United Nations are automatically par-
nations; ties to the International Court. 65 Thisfact, however, does
d. subject to the provisions of article 59 [article59 pro- not permit one U.N. member to bring another before the
vides that "the decision of the Court has no binding force International Court unless that member consents, either
except between the parties and in respect of that particular beforehand by accepting the "optional clause", at the
case"], judicial decisions and the teachings of the most time by an ad hoe agreement between the parties con-
highly qualified publicists of the various nations, as sub- ,
sidiary means for the determination of rules of law. 62. The following organs and agencies are at present authorized to
request advisory opinions:
2. This provision shall not prejudice the power of the United Nations:
Court to decide a case ex aequo et bono, if the parties General Assembly,
agree thereto. security Council,
Economic and Social Council,
9-6. The Jurisdiction of the Court. It must be born in
Trusteeship Council,
mind at the outset that only states may be parties before Interim Committee of the General Assembly,
the Intemational Court of Justice. 61 The Court assumes Committee on Applications for Review of Administrative Tribunal
jurisdiction of a dispute or disagreement in two ways. The Judgements;
first is with the consent of the states concerned. These are International Labour Orgarhtion;
Food and Agriculture Chganhtion of the united Nations;
usually called "contentious cases" because there are two United Nations Educational, Scientific and Cultural Organization;
parties actually in a dispute before the court. The second World Health Orgmization;
type of case is an "advisory opinion" requested by an International Bank for Reconstruction and Development;
International Fice Corporation;
International Development Association;
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56. Stat. Int'l Ct. Just, art. 5, para. 4 and art. 14. International Monetary Fund;
57. Id. art. 6. See Baxter, The Procedure Employed in Connection International Civil Aviation Chganhtion;
with the United Skates Nominations for the International Court in 1960, International Telecommunication Union;
55 Am. J. Int'l L. 545 (1961), for an account of the actual operation in World Meteom1ogicel Orgarhtion;
the United States of article 6. Inter-Governmental Maritime Consultative Chganhtion;
58. Stat. Int'l Ct. Just. art. 7. International Atomic Energy Agency.
59. Id. at arts. 10 and 13. 63. Stat. Int'l Ct. Just. art. 36, para. 1.
60. Id. at arts. 10 and 13. 64. Id. at art. 36, para. 2.
61. Id. at art. 34, para. 1. 65. U.N. Charter art. 93, para. 1.