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A second Hague Peace Conference in 1907, involving most of the world`s sovereign states, revised the Convention and improved the rules for arbitration before the PCA. During the conference, the United States, Great Britain and Germany presented a joint proposal for a permanent tribunal with full-time judges. As delegates could not agree on how judges should be chosen, the matter was temporarily put on hold until an agreement was reached at a subsequent convention. The PCIJ has represented an important innovation in international jurisprudence in several respects: 3. Where a dispute pending before the Court concerns the interpretation of the constituent instrument of an international organisation governed by public law or of an international agreement concluded on the basis of that legal order, the Registrar shall inform the organisation governed by public international law concerned and shall transmit copies of all written proceedings. Article 6 of the Statute provides that all judges “shall be elected, irrespective of their nationality, from among persons of high moral character” who are either qualified to hold the highest judicial office in their home State or who are known to be jurists of sufficient competence in international law. The independence of the judiciary is specifically addressed in Articles 16 to 18. ICJ judges are not in a position to hold any other office or act as defence counsel. In practice, tribunal members have their own interpretation of these rules and allow them to be involved in external arbitration proceedings and to hold professional positions as long as there is no conflict of interest.

A judge may be removed only unanimously by the other members of the court. [15] Despite these provisions, the independence of ICJ judges has been called into question. For example, in the Nicaragua case, the United States issued a communiqué emphasizing that it could not present sensitive documents to the Court because of the presence of judges from the Soviet bloc. [16] 3. When, with the consent of the parties, the Court has determined the number of members who will constitute the Chamber, it shall elect them in accordance with article 18, paragraph 1. The same procedure applies to vacant seats in the House. If the parties agree, they may also grant the court the freedom to decide ex aequo et bono (“in justice and equity”),[48] giving the ICJ the freedom to make a just decision based on what is just in the circumstances. This provision has not been applied in the history of the Tribunal. So far, the International Court of Justice has dealt with about 130 cases. Judges shall be chosen from among persons of high moral character who possess the qualifications required in their respective countries for appointment to the highest judicial offices or who are legal advisers of recognized competence in international law.

The Registrar shall inform the Secretary-General of the United Nations and, where appropriate, the chief administrative officer of the requesting body of the date and time fixed for the public hearing of the opinion. It shall also inform the representatives of Members of the United Nations and other States directly concerned, specialized agencies and public international organizations. In cases where the interests of a third State are affected, that State may be allowed to intervene in the case and to participate as a full party. Under article 62, a State “having a legal interest” may make a request; However, it is up to the court to decide whether or not to authorize the intervention. Applications for intervention are rare and the first accepted request was not made until 1991. 2. The submissions shall specify the decision or any other act of the international proceeding concerned and shall be accompanied by a copy thereof; it shall specify the questions raised in respect of that decision or act which are the subject-matter of the dispute submitted to the Court. 1. The Court of Justice, which has the task of ruling on disputes submitted to it in accordance with international law, applies: the majority of the General Court has been reluctant to intervene in a dispute in such a way that it could potentially conflict with the Council. In the case of Nicaragua, the Court concluded that there was not necessarily a contradiction between the actions of the Security Council and the jurisprudence of the ICJ.

However, when there is room for conflict, the balance seems to be in favour of the Security Council. [ref. needed] (l) To assist in the maintenance of relations between the Court and other organs of the United Nations, specialized agencies and international bodies and conferences concerned with the codification and progressive development of international law; The ICJ has the power to make its own rules. Judicial proceedings are governed by the 1978 Rules of Procedure of the Court of Justice of the International Court of Justice (as amended on 29 September 2005). [19] 3. In the cases provided for in Article 34(3) of the Statute, the Registrar shall act on instructions from the Court of Justice or, where the Court is not in session, from the President, in accordance with this paragraph. The Court or, if it is not in session, the President may, from the date on which the Registrar has transmitted copies of the written hearings, after consultation with the Head of Administration of the international public service organization concerned, fix a time limit within which the organization may submit written observations to the Court. These observations shall be communicated to the parties and may be discussed by them and by the representative of that organisation at the hearing.