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The Hague. History. 1 st Phase: Jay Treaty 1794 U.S. and Great Britain differences Later European and some American Countries (States). History. 2 nd Phase: Alabama Claims Arbitration 1872 U.S. and United Kingdom More Countries take part. History. 3 rd Phase:
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History • 1st Phase: • Jay Treaty 1794 • U.S. and Great Britain differences • Later European and some American Countries (States)
History • 2nd Phase: • Alabama Claims Arbitration 1872 • U.S. and United Kingdom • More Countries take part
History • 3rdPhase: • The Hague Peace Conference 1899 • Czar Nicholas (Russia) initiates • Asian States, Mexico added • Arbitration only (Hear differences and decide)
History • 4thPhase: • World War II • 1942, U.S. And United Kingdom • Post War International Court • 1943, China, U.S., USSR, Great Britain • Court open to all peace loving States
The Court • International Court of Justice formed, 1946 • Location: Peace Palace The Hague, Netherlands • Justice Organ of the United Nations • Disputes between States heard • What could some of these differences deal with?
The Court • 15 Judges, 9 year terms • Chosen by: • UN General Assembly • UN Security Council
The Court • 5 Judges chosen every 3 years • Continuous body, always has 10 seated • Judges may be re-elected • Majority vote in both UN bodies • Held in NY city, at the UN
The Court • President and Vice President of the Court elected • 3 year terms • Any State can nominate judges • No State can have two Judges at once
Dismissing Judges • All 14 agree to dismiss one • Judge can be dismissed • Never happened • How does the U.S. dismiss Justices? • House: Impeach • Senate: Tries the case
The Current Judges • President: Peter Tomka (Slovakia) • Vice President: Bernardo Sepulveda Amor (Mexico) • Lower Judges States: • Japan, France, New Zealand, Morocco • Russian Federation, Brazil, Somalia • United Kingdom of Great Britain and Northern Ireland • China, U.S., Italy, Uganda, Italy • Registrar: Philippe Couvreur (Belgium)
How the Court works • Two types of cases heard • Contentious cases • Advisory cases
Contentious Cases • Only UN countries bring cases • Registrar: Keeps Agents updated on the case • Agents: Represent the States involved • Makes arguments before the court
Contentious Cases • Judges deliberate on camera • Issue Judgments in public • Any Judge may write an opinion
Advisory cases • Who may ask for an advisory Opinion: • UN, UN Security Council • Three other UN Chambers • 16 UN agencies • Deal with legal questions
Advisory cases • Court may get information from States involved • No private groups can give information • No binding effect • Take the advice or not