Recueil des cours, Collected Courses, Tome/Volume 346

Series:

The Role of Judicial Procedures in the Process of the Pacific Settlement of International Disputes by Mariko Kawano.

The Charter of the United Nations provides for two features of the International Court of Justice; the principal judicial organ of the UN and the institution to be chosen by the parties to an international dispute which enjoy the freedom of choice of the peaceful means to settle their dispute. Thus, while the Court has an independent and authoritative status as a judicial organ in the international community, its jurisdiction is based on the consents expressed by the sovereign States parties to a respective dispute. It should also be noted that the Court is expected to contribute to the process
of the peaceful settlement of international disputes as one of the principal organs of the UN. The present lecture discusses the roles to be played by the Court in the present international community through close and extensive examination of its jurisprudence.

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Biographical Note

Co-publication with: The Hague Academy of International Law.

Table of contents

The Role of Judicial Procedures in the Process of the Pacific Settlement of International Disputes by Mariko Kawano Professor at Waseda University, Tokyo. Excerpt of table of contents Introduction Chapter I. Subject of a dispute Chapter II. Compulsory jurisdiction of the Court on the basis of the declarations pursuant to Article 36, paragraph 2, of the Statute Chapter III. Compulsory jurisdiction on the bases of treaties or other instruments Chapter IV. Admissibility of the claims Chapter V. The Court in the whole process towards final settlement of an international dispute Chapter VI. Common interests of the international community as a whole and the judicial procedure Concluding remarks Appendix Table 1. List of cases unilaterally submitted and the final results Table 2. List of the cases submitted on the basis of a Special Agreement Table 3. Bases for jurisdiction of the Court in the cases unilaterally submitted

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