The International Court of Justice: Amendment of the Statute and New International Law

Abstract

The International Court of Justice, in accordance with its statutory authority,' has for first time submitted to SecretaryGeneral of United Nations a proposal to amend its statute. The supporting memorandum2 explains Court's proposed amendment to article 22, which now provides that seat of Court shall be established at The Hague. Since 1966 Government of Netherlands has had under consideration a proposal that a new building be erected for Court, and Court does not want to confine choice of location to The itself. Even another location in Netherlands outside municipal limits of The could not be contemplated unless statute of Court is amended. It is clear that proposed change is not entirely due to town planning situation at The Hague. The memorandum sets forth reasons and in particular that an amendment is desirable because particularity of provision that the Seat of Court shall be established at The Hague is invidious. No other principal organ of U.N. and none of Specialized Agencies, or IAEA, is compelled by its basic instrument to maintain its seat in a designated place. The reason for this particular designation in basic instrument of Court is primarily historical. The Court's predecessor, Permanent Court of International Justice, was subject to same restriction.3 The location of Permanent Court at The in 1922 is understandable. The had become associated with judicial settlement of international disputes through work of Permanent Court of Arbitration established there by The Conventions for Pacific Settlement of International Disputes of 1899 and 1907. Also, emotive association of The with peace since Conferences of 1899 and 1907 was a potent factor in post