Abstract
Юрисдикция Международного суда ООН: некоторые теоретические вопросы
Highlights
The International Court of Justice is the only international judicial body established by the Charter of the United Nations as “the principal judicial organ of the United Nations”; and the obligations of States under the Charter of the United Nations shall prevail over obligations under any other international agreement (Art. 103 of the Charter of the United Nations); the execution of the decisions of the Court may be ensured by the UN Security Council (Art. 94 of the Charter of the United Nations)
The present article explores in detail the theoretical and practical issues related to the establishment of the jurisdiction of the International Court of Justice
Within the meaning of the UN Charter, the term “competence of the Court” is broader in its meaning than the term “jurisdiction of the Court”: the latter is used only in connection with disputes of States that are resolved by the International Court of Justice, i.e. with the establishment of the jurisdiction over the dispute referred to the Court
Summary
The International Court of Justice is the only international judicial body established by the Charter of the United Nations as “the principal judicial organ of the United Nations”; and the obligations of States under the Charter of the United Nations shall prevail over obligations under any other international agreement (Art. 103 of the Charter of the United Nations); the execution of the decisions of the Court may be ensured by the UN Security Council (Art. 94 of the Charter of the United Nations). The present article explores in detail the theoretical and practical issues related to the establishment of the jurisdiction of the International Court of Justice. It contains the analysis of the features, advantages and disadvantages of the methods of establishing the jurisdiction of the Court in the context of the current practice of the Court and the legal positions of States. This study examines the practice of States in the field of recognition of the Court's jurisdiction under the Statute, as well as related scientific works of Russian and foreign scholars in the field of international law.
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