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Free «Commercial Transactions and International Law» Essay Sample

1.      Other Forms of World/International Courts

The international Court of Justice is not the first World Court to come into existence because there are other forms of world courts that have been established. These other forms of World Courts have been established under diplomatic setting especially with regard to the formulation of event specific tribunals and human rights watch courts.

ü  European Court of Human Rights

ü  International Court of Human Rights

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ü  International Criminal Court

2.      Procedures of the World Court

According to Rosenne and Gill (1989), "Article 33 of the United Bations Charter contains a general obligation on the members to seek a peaceful settlement of their disputes and enumerates a number of methods of achieving that aim, the choice of which is left to the parties themselves" (p.

 
 
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82). The following elements define its operational structure in essence:

 

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ü  The court obtains jurisdiction to make decisions on concrete cases after consent from the involved states (Rosenne & Gill, 1989).).

ü  The court pursues judicial settlement based on diplomatic virtues for disputing parties.

ü  The states involved have to make an international claim in accordance with international law procedures to protect the resultant diplomatic relations (Rosenne & Gill, 1989).

 
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ü  Non member states can participate on the principle of equality

ü  Jurisdictions are pursued through specific agreement between states or unilateral declaration coming from states also referred to as compulsory jurisdiction  through establishment of international treaties and conventions (Rosenne & Gill, 1989).). The treaties may either be multi-lateral or bi-lateral in nature.

There are various emanating differences between world courts and U.S court procedures. However, similarities in their operation are very evident. Some of the issues include:

ü  The Supreme court has a similar arrangement for settling arising  and sensitive US interstate disputes (Pomerace, 1996).

ü  In addition, according to Pomerace (1996), "It passed on questions of territory, comity, treaties, domicil, visit and search, prize, neutrals, belligerents, privateering, piracy, letters of marquee and reprisal, contraband, embargo, blockade and that congeries of relations between states" (p.11)

3.      Advisory Opinion

This is the jurisdiction of the Security Council and the General Assembly who elementally have the right to request for an answer to arising legal questions or advisory opinion.

These could also come from other organs of the United Nations (Rosenne & Gill, 1989).

 

   

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