World Court

The history and activities of the World Court of Justice.

World Court, popular name of the Permanent Court of International Justice, established pursuant to Article 14 of the Covenant of the League of Nations. The protocol establishing it was adopted by the Assembly of the League in 1920 and ratified by the requisite number of states in 1921. By the time of its dissolution in 1945 (when its functions were transferred to the newly created International Court of Justice), the court had 59 member states, established at The Hague, the court was empowered to render judgments in disputes between states that were voluntarily submitted to it and to give advisory opinions in any matters referred to it by the Council or the Assembly of the League. Its functions, thus, were judicial rather than, as in the ease of the older Hague Tribunal, purely arbitral and diplomatic. It also differed from the Hague Tribunal in having a permanent group of judges instead of a panel from which judges might be selected to hear a particular dispute. The court originally had 11 judges and 4 deputy judges, but in 1931 its composition was changed to 15 regular judges. Judges were elected for nine-year terms by the Council and the Assembly concurrently; they were selected from a list of nominees of the Hague Tribunal regardless of nationality, except that not more than one citizen of a country might sit on the bench at am one time. Although the United States never joined the court (because the Senate refused to ratify the protocol), there was always an American jurist on the bench. To assure impartiality, the judges were paid salaries and were forbidden to engage in governmental service or in any legal activity except their judicial work. In the course of its existence, the court rendered 32 judgments and 27 advisory opinions. An important judgment was that which affirmed (1933) Danish sovereignty over the northern coast of Greenland and disallowed Norway's claim. The advisory opinions of the court were important in developing international law. A notable opinion declared (1931) that the proposed customs union of Germany and Austria would violate Austria's pledge to remain independent. The court virtually ceased to function after the German occupation of the Netherlands in 1940.

International Court of Justice

International Court of Justice, principal judicial organ of the United Nations, established by chapter 14 of the UN Charter-It superseded the Permanent Court of International Justice (World Court), and its statute for the most part repeats that of the former tribunal. The court consists of 15 judges chosen by the General Assembly and the Security Council, voting independently, from a list of candidates nominated by government-appointed national groups of international-law experts. No two judges may be from the same country. Nine judges constitute a quorum, and questions are decided by a majority of the judges present. The permanent seat of the court is at The Hague, the Netherlands, but it may hold hearings elsewhere. All members of the United Nations are ipso facto members of the court; other states may adhere to the statute. If a member of the United Nations fails to comply with a judgment of the court, an appeal for assistance may be made to the Security Council. The court may render judgment in certain disputes between states, and with the authorization of the General Assembly, it may deliver advisory opinions to any organ of the United Nations and its agencies.

A dispute may be brought before the court by consent of the parties in the particular case or by virtue of an advance formal declaration of acceptance of the court's jurisdiction. States making such declarations, however, sometimes impose restrictive conditions on their acceptance. The United States excludes all disputes concerning domestic matters from the court's jurisdiction, reserving the right to determine what it regards as domestic. The court's competence between states is limited to disputes concerning the interpretation of treaties, questions of international law, breaches of international obligation, and reparations due. Concern has been expressed at the small number of cases nations have submitted to it. Major opinions of the court have ruled that the General Assembly may not admit a state to the United Nations if the application is vetoed by one of the permanent members of the Security Council; that the United Nations is to be considered as an international legal person: that special United Nations assessments, such as those for the Congo and Middle East operations, are regular expenses of the United Nations and are binding on all members; and that South Africa must withdraw from Namibia (accomplished with Namibia's independence in 1990).

European Court of Justice

European Court of Justice, judicial branch of the European Union (EU). Located in Luxembourg, it was founded in 1958 as the joint court for the three treaty organizations that were consolidated into the European Community (the predecessor of the EU) in 1967. By the early 1990s, the court was composed of 9 advocates- general and 15 judges - one judge from each of the EU nations. All members of the court are appointed for renewable six-year terms by agreement among the EU nations.

The court interprets EU treaties and legislation. Although it may attempt to reconcile differences between national and EU laws, ultimately its decisions overrule those of national courts; they have tended to expand the EU's domain. Increased litigation over the years led to the establishment (1988) of a lower court, the Court of First Instances appeals to the Court of Justice are tightly restricted. International law cases involving nations outside the EU are heard by the World Court in The Hague: the European Court of Human Rights in Strasbourg, France, is recognized by the members of the Council of Europe and hears cases relating to the European Convention for the Protection of Human Rights and Personal Freedoms.