Peaceful Settlement of International Disputes Assignment

Abstract

The ICJ is the principal judicial organ of the UN; its function is to decide in accordance with international law, disputes that are submitted to it. UN member States are not under any obligation to submit their disputes to the ICJ however; they are obliged under Art.33 to resolve their disputes by peaceful means, of which the ICJ is one. Unlike domestic Courts, the jurisdiction of the ICJ in contentious cases is based on the consent of the parties to the dispute to submit their dispute to the ICJ for adjudication. This requirement of consent has posed a great challenge to the ICJ and has led to the conclusion by many writers that the ICJ is not an effective mechanism for the peaceful settlement of disputes. Does the consensual nature of the jurisdiction of the ICJ prevent it from playing any meaningful and effective role in the peaceful resolution of international disputes? An attempt shall be made to answer this question by initially discussing the jurisdiction of the ICJ, why it is based on the consent of parties, how this consent is given and the nature of disputes settled by the ICJ; by also discussing the role of the ICJ in the settlement of disputes: how meaningful it is; and finally by discussing the effectiveness of the ICJ in the peaceful resolution of disputes.