The main provisions of Article 38 of the Statute of the International Court. Charter of the United Nations. UN International Court

These acts must meet the requirements of normo education.

Along with the above sources international law There is a concept of "soft law", which includes recommendatory acts or software installations international organs and organizations, first of all, it applies to acts (resolutions) of the UN General Assembly.

Article 38 of the Statute of the UN International Court of Justice contains a list of sources of international law, on the basis of which the court must resolve disputes. These include:

1. international Conventions, both general and special, establishing rules definitely recognized by the arms of arms;
2. international custom as proof of universal practice recognized as a legal norm;
3. general principles of law recognized by civilized nations;
4. court decisions and doctrines of the most qualified specialists in public right There are various nations as an auxiliary tool to identify legal norms.

An international treaty is an agreement between states or other entities of international law enclosed in writing, containing mutual rights and obligations of the parties regardless of whether they are contained in one or more documents, as well as regardless of its specific name.

International custom is proof of universal practice recognized as a legal norm (Art. 38 of the Statute of the UN International Court of Justice). The international custom becomes a source of law as a result of long-lasting repeatability, i.e., a sustainable practice is the traditional basis for the recognition of custom as a source of law. Perhaps the formation of custom in a short period of time.

How is it there international Conferences Agreement as a result of the conference was created specifically for the development of an international treaty of states, which is ratified and enacted.

The acts of international organizations include the acts of the UN General Assembly.

Sources of international law are the official-legal form of the existence of international legal norms, custom, contract and law-conducting decision of an international organization. They represent the external form of consolidation and expressions of the norm of international law.

The concept of "source" covers not only the form of existence of the norm, but also a way to create it, for example, with the help of a contract or custom. The term "sources of international law" is firmly established in theory and practice. The sources of international law says, for example, in the preamble of the UN Charter. All this, however, should not lead to the simplification of related issues.

Since the sources are the method of creating and forming the existence of norms, their types should be determined by the international law. According to the latest generally accepted sources of general international law are the contract and custom.

When determining the circle of sources, it is customary to refer primarily on Art. 38 of the statute of the UN International Court of Justice. It says that, solving disputes based on international law, the court applies

1) Convention,

3) General principles of law recognized by civilized peoples. General principles of law are general legal rules that are used when applying specific legal norms,

defining the rights and obligations of subjects of law. (for example, "listen to the other side"; "The burden of proof is assigned to the side presented the claim"

4) as auxiliary meansfor determining legal norms, court decisions and doctrines of the most qualified specialists may apply.

Decisions are divided into four varieties:

1) decisions on procedural and technical issues;

2) decisions made on the most important issues of international relations;

3) solutions obliging the power of which follows from the general principles and norms of international law;

Doctrines of international lawyersthere are views of experts in the field of international law to the problems of international law and are important to interpret the norms of international law and their further improvement.

Article 38 is subjected to a reasonable criticism. There is nothing surprising. It was formulated after the First World War for the Permanent Chamber of International Justice. The regulatory material of that time was insignificant. Hence the indication of the possibility of using general principles of law, as well as as auxiliary means - court decisions, works of specialists.

On the other hand, more important acts are not indicated - resolutions of international organizationsTo which today is an important role in the general process of the formation of the norms of international law, the results of which are associated with the form of a contract or custom. Their role is significant and in the interpretation of existing norms. Nevertheless, these resolutions are rarely direct source of international law. In such as they act mainly within the framework of the supranational international Associationssimilar to the European Union.

The contract and custom are universal sources, their legal force follows from the general international law. In contrast, law-conducting solutions of organizations are considered specialsources. Their legal force is determined by the constituent act of the relevant organization.

Under the international treaty means an agreement between states or other subjects of international law concluded in writing, about the establishment, change or termination of mutual rights and responsibilities.

Under the international customary according to Art. The 38 Statute of the International Court is understood as the proof of universal practice recognized as a legal norm. Conventional norms are folded

in international practice and are recognized as subjects of international law as a mandatory rule of behavior. Customs should be distinguished by customs, that is, the rules of international politeness and etiquette. According to the general understanding of the doctrine and practice of international law, the term "custom" includes two different understanding of the institution under study.

First, this is the process of creating the rule of law. Secondly, we are talking about the legal norm formed as a result of this process, which from now on receives the name of the usual norm. Thus

in one case, in one case, we can talk about international normorates, and in the second - about the material product of the creation of norms - legally binding rules of behavior in the form of an internationally legal conventional norm. In pursuance of Art. 38 In the case when the court "applies the International Custom", we are dealing with the usual legal norm, and if the "proof of universal practice recognized as a legal norm is implemented, then the process of feed production, in which the development occurs New usually legal norm.

Taking into account bilateral significance and it is assumed to be consideration of international custom as one of the sources of international law.

The International Court of Justice, established by the Charter of United Nations, is formed and operates in accordance with the following decisions of this Statute.

Chapter I: Court Organization

The court consists of a collegium of independent judges, elected, regardless of their citizenship, from among those of high moral qualities that meet the requirements of their countries for appointing top judicial positions, or who are lawyers with a recognized authority in the field of international law.

1. The court consists of fifteen members, and in its composition there can be no two citizens of the same state.

2. A person who can be considered in the application to the composition of the court, as a citizen of more than one state, is considered a citizen of that state in which it usually uses its civil and political rights.

1. Court members are elected by the General Assembly and the Security Council from among those listed on the proposal of the national groups of the Permanent Chamber of the Arbitration Court, according to the following provisions.

2. As for the members of the United Nations not presented in the permanent chamber of the Arbitration Court, the candidates are set by national groups appointed for this purpose by their governments, in compliance with the conditions established for members of the Permanent Chamber of the Arbitration Court of Article 44 of the Hague Convention 1907 on the peaceful decision of international collisions.

3. The conditions on which the State Party of this Statute, but not part of the United Nations, can participate in the election of the court members, are determined, in the absence of a special agreement, the General Assembly on the recommendation of the Security Council.

1. No later than three months before the election day, the Secretary General of the United Nations appeals to members of the Permanent Chamber of the Arbitration Court, belonging to States Parties to this Statute, and to members of national groups appointed in paragraph 2 of Article 4, with a written proposal about So that each national group indicates, during a certain period, candidates that may take on the responsibilities of the court members.

2. No group can set more than four candidates, and no more than two candidates may consist of the citizenship of the state represented by the Group. The number of candidates exhibited by the Group, in no case may not exceed more than twice the number of places to be completed.

It is recommended that each group before issuing candidates requested the opinion of higher judicial institutions, law faculties, legal supervisory institutions and academies of their country, as well as national offices of international academies involved in the right.

1. The Secretary General is in alphabetical order The list of all persons whose candidates are exhibited. In addition to the case provided for in paragraph 2 of Article 12, only persons made to this list can be elected.

2. The Secretary-General presents this list to the General Assembly and the Security Council.

The General Assembly and the Security Council proceed to the elections of the court members independently of each other.

When electing voters should be borne in mind that not only each elected separately must meet all the requirements, but the entire structure of judges as a whole should ensure the representation of the main forms of civilization and the basic legal systems of the world.

1. Choices are considered candidates who received the absolute majority of votes and in the General Assembly, and in the Security Council.

2. Any vote in the Security Council, both in the elections of judges and when appointing members of the conciliation commission provided for in Article 12, is made without any difference between the permanent and non-permanent members of the Security Council.

3. In the event that the absolute majority of votes were also filed in the General Assembly, and in the Security Council in more than one citizen of the same state, only the senior is considered to be considered.

If, after the first meeting, convened for the elections, one or several places will be empty, the second will take place, and in the case of need, and the third meeting.

1. If, after the third meeting, one or several places will be empty, at any time, at the request of either the General Assembly, or the Security Council, may be convened a conciliation commission consisting of six members: three to the appointment of the General Assembly and three to the appointment of the Security Council, For the election of the absolute majority of votes of one person to every free place and submission of his candidacy at the discretion of the General Assembly and the Security Council.

2. If the conciliation commission unanimously stops at the candidate of any person who satisfies the requirements, his name may be included in the list, at least it has not been made to the candidate lists provided for in Article 7.

3. If the conciliation commission comes to the conviction that the elections cannot take place, then members of the court already chosen, proceed within the period defined by the Security Council, to filling out free places by election of the court members from among the candidates for which votes were submitted or in general Assembly, or in the Security Council.

1. Court members are elected for nine years and can be re-elected, however, that the term of office of five judges of the first composition of the court expires in three years, and the term of office of five more judges is six years old.

2. The Secretary General immediately at the end of the first elections determines the lot, which of the judges is considered to be elected to the above-mentioned initial terms in three years and six years.

3. Court members continue to fulfill their position to the replacement of their places. Even after replacement, they must finish the work began.

4. In the case of filing a member of the Court of Decignment, this statement is addressed to the Chairman of the Court to transfer Secretary-General. Upon receipt of the last statement, the place is considered vacant.

The opening vacancies are filled with the same order, which is established for the first elections, in compliance with the following rule: within a month after opening the vacancy, the Secretary-General proceeds to sending invitations provided for in Article 5, and the election day is established by the Security Council.

A court member, chosen instead of a member, whose credentials have not yet expired, remains in position until the expiration of the term of office of its predecessor.

1. Court members cannot fulfill any political or administrative duties and cannot devote themselves to any other professional occupation.

2. Doubts for the present issue are permitted by the definition of the court.

1. None of the members of the Court can do the duties of the representative, attorney or lawyer in any case.

2. None of the court members can participate in the permission of any case in which he has previously participated as a representative, an attorney or a lawyer of one of the parties, or a member of the National or International Court, the Investigation Commission or in any other quality.

3. Doubts for this issue are permitted by the definition of the court.

1. A court member cannot be renounced from office, except for the case when, on the unanimous opinion of other members, it ceases to satisfy the requirements.

2. This is notified by the Secretary General officially notified by the Court Secretary.

3. Upon receipt of this notice, the place is considered vacant.

Court members in the performance of judicial duties enjoy diplomatic privileges and immunities.

Each member of the Court is obliged to make a solemn statement in an open session of the court that he will send his position impartially and conscientiously.

1. The court elects the Chairman and Vice-Chair for three years. They can be re-elected.

2. The court appoints its secretary and can take measures to appoint such other officials who may be necessary.

1. The location of the court is the Hague. This, however, does not prevent the court to sit on and perform its functions in other places in all cases when the court finds it desirable.

2. The Chairman and the Secretary of the Court should be accommodated at the venue for the court.

1. The court meets constantly, with the exception of litigation, the deadlines and the duration of which are established by the court.

2. Court members have the right to periodic leave, the time and duration of which are determined by the court, and the distance from the Hague to the permanent residence of each judge in the homeland is taken into account.

3. Court members are required to be at the disposal of the court at any time, with the exception of the time of staying on vacation and absence due to illness or for other serious grounds, properly explained by the Chairman.

1. If for any particular reason, the court member believes that he should not participate in resolving a certain case, he reports this to the chairman.

2. If the Chairman finds that any of the members of the Court should not have to participate in a meeting on a certain case for any particular reason, he warns it about it.

3. If there is a disagreement between a member of the court and the chairman, it is permitted by the court's definition.

1. In addition to the cases specifically provided for in this Statute, the Court meets in full force.

2. Provided that the number of judges existing for the formation of a court, no less than eleven, the Regulations of the Court may envisage that one or more judges may be, depending on the circumstances, are released in turn from participation in meetings.

3. Quorum in nine judges is sufficient to form a forensic presence.

1. The Court may, as needed, to form one or more cameras, as part of three or more judges, at the discretion of the court, to dismiss certain categories of cases, such as labor cases and affairs concerning transit and communications.

2. The court may at any time form the camera to parse a separate case. The number of judges forming such a chamber is determined by the court with approval of the parties.

3. Cases are heard and permitted by the cameras provided for in this article if the parties are asked about this.

The solution declared by one of the chambers stipulated in Articles 26 and 29 is considered to be the court himself.

Cameras stipulated by Articles 26 and 29 may, with the consent of the parties, sitting and performing their functions in other places, in addition to the Hague.

In order to accelerate the permission of affairs, the court annually forms a camera in five judges, which, at the request of the parties, can consider and resolve cases in the order of simplified legal proceedings. To replace the judges who recognize it impossible to take part in meetings, additionally two judges are allocated.

1. The Court is a regulation that determines the procedure for fulfilling their functions. The court, in particular, establishes the rules of legal proceedings.

2. In the Rules of Court, it may be part in the court meetings or its chambers of the tracks without the right to decisive voices.

1. The judges consisted of citizenship of each of the parties retain the right to participate in meetings on the case produced in the court.

2. If a judge consistent with the citizenship of one party is among the forensic presence, any other Party may be elected to participate in the presence as a judge person in his choice. This person is elected mainly from among those who have been put forward as candidates, in the manner prescribed in Articles 4 and 5.

3. If there is not a single judge consisting of the citizenship of the parties, each of these parties may elect a judge in the manner prescribed in paragraph 2 of this article.

4. The decisions of this article apply to the cases provided for in Articles 26 and 29. In such cases, the Chair asks one or, in case of need, two members of the Camera will give way to members of the Court of Stakeholders, or, in the absence of Such or if it is impossible to attend, judges, specially selected parties.

5. If several sides have general interest, they, since this concerns the use of previous decisions, are considered as one side. In case of doubt on this issue, they are permitted by the definition of the court.

6. The judges elected in accordance with paragraph 2, 3 and 4 of this article described in paragraphs 2, 3 and 4 should satisfy the conditions required by Article 2 and paragraph 2 of Article 17 and Articles 20 and 24 of this Statute. They participate in decision-making on equal rights with their colleagues.

1. Court members receive annual salary.

2. The Chair receives a special annual increase.

3. The Vice-Chair receives a special increase for every day when he performs the duties of the Chairman.

4. Selected in accordance with Article 31 judges who are not members of the Court receive remuneration for each day of their functions.

5. These salaries, additives and remuneration are established by the General Assembly. They cannot be reduced during the service life.

6. The salary of the Secretary of the Court is established by the General Assembly on the Submission of the Court.

7. The rules established by the General Assembly determine the conditions on which the court members and the Secretary of the Court are subject to pensions when they are retired, as well as the conditions on which members and the Court Secretary receive compensation for their travel expenses.

8. The above salaries, additions and remuneration are exempt from all taxation.

The United Nations bear the court costs in the manner determined by the General Assembly.

Chapter II: Court Competence

1. Only states may be parties to cases dealt with the court.

2. On the terms of its regulations and in accordance with it, the Court may request information from public international organizations related to cases under consideration, and also receives similar information provided by these organizations on their own initiative.

3. When, in the case, a trial document, he should be interpreted by the constituent document of any public international organization or the International Convention concluded due to such a document, the Secretary of the Court notifies this public international organization and forwards it to a copy of the entire written production.

1. The court is open to states that are the participants of this Statute.

2. The conditions on which the Court is open to other states is determined by the Security Council, in compliance with the special decisions contained in the existing treaties; These conditions in no way can supply the parties to an unequal situation before the court.

3. When a state that is not consisting by a member of the United Nations is a party to the case, the Court determines the amount that this Party should be made to cover the costs of the court. This decree does not apply if this state is already involved in the court costs.

1. The court includes all cases that will be transferred to him by the Parties and all issues specifically provided for by the Charter of the United Nations or the current treaties and conventions.

2. States Parties to this Statute may at any time declare that they recognize without anything about the agreement, IPSO FACTO, with respect to any other state that adopted the same obligation, the jurisdiction of the court mandatory for all legal disputes relating to:

a) interpretation of the contract;

b) any issue of international law;

(c) The presence of a fact that, if it is installed, will present a violation of an international obligation;

(d) The nature and sizes of compensation due for violation of the international obligation.

3. The above applications may be unconditional, or under conditions of reciprocity from certain states, or at a certain time.

4. Such statements are deposited by the Secretary-General, which transfers copies of those participants of this Statute and the Secretary of the Court.

5. Applications made on the basis of Article 36 of the Statute of the Permanent Chamber of International Justice, continuing to remain in force, are considered in relations between the participants of this Statute, the recognition of the jurisdiction of the International Court of Justice for themselves to be mandatory for themselves to They are outlined.

6. In the case of a dispute about the jurisdiction of the case, the issue is permitted by the Court's definition.

In all cases, when the current treaty or the Convention provides for the transfer of the case to the Court, which should have been established by the Liga of Nations, or the Permanent Chamber of International Justice, the case between the parties to the participants of this Statute should be transferred to the International Court of Justice.

1. A court that is obliged to solve the disputes transferred to him on the basis of international law applies:

(a) International Conventions, both general and special, establishing rules definitely recognized by the arguing states;

(b) International custom as proof of universal practice recognized as a legal norm;

(c) General principles of law recognized by civilized nations;

(d) With the reservation specified in Article 59, judicial decisions and doctrines of the most qualified specialists in public law of various nations as an aid to identify legal norms.

2. This ruling does not limit the court's right to resolve the EX AEQUO ET BONO case, if the parties agree with this.

Chapter III: Supervision

1. The official languages \u200b\u200bof the Court are French and English. If the parties agree on doing business in French, then the decision is made in French. If the parties agree on doing business in English, the decision is made in English.

2. In the absence of an agreement as to which language will be applied, each party can use the language that it prefers; court decision is made in French or english. In this case, the court simultaneously determines which of the two texts is considered as an authentic.

3. The court is obliged to submit it to her right to use another language, in addition to French and English.

1. Cases are initiated in court, depending on the circumstances, or the notification of the Special Agreement, or a written statement addressed to the secretary. In both cases, the subject of the dispute and side should be indicated.

2. The Secretary immediately reports a statement to all interested parties.

3. He also notifies the members of the United Nations through the Secretary-General, as well as other states with the right to access the court.

1. The court has the right to indicate if, in his opinion, it is required by circumstances, any temporary measures that must be taken to ensure the rights of each party.

2. In the future, until the end of the decision, the message about the proposed measures is immediately communicated to the Parties and Security Council.

1. The parties act through representatives.

2. They can enjoy the assistance of attorneys or lawyers.

3. Representatives, attorneys and lawyers representing the parties in court enjoy the privileges and immunities needed to independently perform their duties.

1. The proceedings consists of two parts: written and oral proceedings.

2. Written proceedings consist of a report to the court and parties to the memorandums, countermenders and, if required, answers to them, as well as all confirming their securities and documents.

3. These messages are manufactured through the secretary, in the manner and within the time limits established by the court.

4. Any document presented by one of the parties should be reported to another in the test copy.

5. Oral proceedings consists in hearing witnesses, experts, representatives, attorneys and lawyers.

1. To transfer all the notices to other persons, except for representatives, attorneys and lawyers, the court appeals directly to the government's government, in whose territory the notice should be handed.

2. The same rule applies in cases where it is necessary to take measures to obtain evidence in place.

The case of the case is under the guidance of the Chairman or, if he cannot chair, Vice-Chairman; If neither the other may not be chairing, the eldest of those present by judges is chaired.

The case of the case in court is carried out publicly, if no other court decision followed or if the parties do not require the public to be allowed.

1. Each court session is conducted a protocol, signed by the secretary and chairman.

2. Only this protocol is authentic.

The court disposes of the direction of the case, defines forms and terms, in which each Party must finally state their arguments, and takes all measures related to the collection of evidence.

The court may, even before the start of the hearing, require representatives of the presentation of any document or explanation. In case of refusal, the act is drawn up.

The court may accomplish in every time the production of the investigation or expertise to any person, the Board, the Bureau, Commission or another organization of their choice.

When hearing the case, all related issues are offered to witnesses and experts in compliance with the conditions determined by the court in the Regulations mentioned in Article 30.

After receiving the evidence, the court may refuse to take all further oral and written evidence that one of the parties would suggest that without consent.

1. If one of the parties does not appear in the court or will not submit his arguments, the other party can ask the Court to resolve the case in its favor.

2. The court is obliged to satisfy this petition, to make sure not only disadvantaged to him, according to Articles 36 and 37, but also whether it has a sufficient actual and legal substantiation.

1. When representatives, lawyers and attorneys have completed their explanations on the case under the leadership of the Court, the Chairman declares the hearing.

2. The court is deleted to discuss decisions.

3. Court meetings occur in a closed meeting and are preserved in secret.

1. The decision should be given the considerations on which it is based.

2. The solution contains the names of the judges who participated in his adoption.

If the decision, in general, or in terms, does not express the unanimous opinion of judges, then every judge has the right to present its special opinion.

The decision is signed by the Chairman and the Secretary of the Court. It is announced in the open session of the court after the proper notification of representatives of the parties.

The decision of the court is necessarily only for Parties participating in the case and only in this case.

The decision is final and not subject to appeal. In the case of a dispute about the meaning or volume of solution, the interpretation of it belongs to the court at the request of any Party.

1. The request for revision of the decision may be alleged only on the basis of newly discovered circumstances, which in their nature can have a decisive influence on the outcome of the case and which, when making a decision, not a court, no side asking for revision, while in the indispensable condition, that such ignorance was not a consequence of negligence.

2. The revision production is opened by the definition of a court, which definitely establishes the presence of a new circumstance with recognition for the latter, which gives the basis for the revision of the case, and declares acceptance, by virtue of this, requests for revision.

3. The court may require the solutions to be fulfilled before it opens the work to revise the case.

4. The request for revision must be declared before the expiration of the six-month period after the opening of new circumstances.

5. No requests for revision cannot be declared after the expiration of ten years from the date of decision.

1. If any state believes that the decision on the case may affect any of its legal interest, this state may apply to the court asking for permission to enter into the case.

2. The decision at such a request belongs to the court.

1. In the event of a question about the interpretation of the Convention, in which other states are involved in the case of interested in the parties, the Court Secretary immediately informs all these states.

2. Each of the states that received such a notice has the right to enter into a case, and if it takes advantage of this right, the interpretation contained in the decision equally and for him.

In the absence of another court definition, each party bears its own legal costs.

Chapter IV: Advisory Conclusions

1. The court may give advisory opinions on any legal issue, upon request of any institution authorized to make such requests by the Charter of the Charter of the United Nations or according to this Charter.

2. Questions for which the court's advisory opinion is requested, seems to be a written statement containing an accurate presentation of the issue in which the conclusion is required; All documents that can serve as an explanation of the issue are attached to it.

1. The Secretary of the Court immediately reports a statement containing a request for advisory conclusion, all States with the right to access the court.

2. In addition, the secretary of the court send a special and direct notice to anyone having access to the court to the court, as well as any international organization that can, in the opinion of the court (or his chairman, if the court does not meet), give information on this issue that The court is ready to adopt, during the written reports established by the Chair, and listen to the same oral reports at an open meeting, appointed to this end.

3. If such a state that has access to the court will not receive a special notice mentioned in paragraph 2 of this article, it can express the desire to submit a written report or be listened; The court decides on this issue.

4. States and organizations that submitted written or oral reports, or those and others, are allowed to discuss reports made by other states or organizations, in forms, limits and within a time set in each individual case or if it does not sit , Chairman of the Court. For this purpose, the Court Secretary reports under the appropriate time all such written reports to States and organizations that themselves submitted similar reports.

The court makes its advisory opinions in an open meeting, as warned by the Secretary General and representatives of directly interested members of the United Nations, other states and international organizations.

In the implementation of its advisory functions, the court, in addition to the specified, is guided by the decrees of this Statute relating to controversial affairs, to the extent that the court recognizes them applicable.

Chapter V: Amendments

The amendments to this Statute are entered by the same procedure as provided for by the Charter of the United Nations for the amendments to this Charter, subject to, however, all the rules that the General Assembly may be established on the recommendation of the Security Council regarding the participation of States that are not members of the members of the United Nations, but are Participants of the Statute.

The court has the right to propose amendments to this Statute, which he recognizes the necessary, reporting them in writing to the Secretary-General for further consideration according to the rules set forth in Article 69.

International law as a special system of law. The system of modern international law.

International Public Law- This is a special deeply structured system of law, regulating the relationship between actors about their mutual legal proximity.

MP (Beckyashev) - This is a system of international treaty and conventional norms created by states and other subjects of international law aimed at maintaining peace and strengthening international security, the establishment and development of comprehensive international cooperation, which are ensured by the conscientious implementation of the subjects of international law of their international obligations, and, if necessary, and coercion, implemented by states individually or collectively in accordance with current norms of international law.

Features and specificity of international law:

1) A special subject of legal regulation - international law regulates public relations, emerging beyond both the internal competence and territorial borders of states.

2) Special subjects of international law, which are mainly acting by the state, nation and peoples fighting for freedom, independence and the creation of their own statehood. FL and Yul themselves are not independent subjects of international law! International intergovernmental organizations, state-like education (state similar education - example, Vatican).

These are the participants of international relations that have international rights and obligations and which are fulfilled them in accordance with international law.

3) Special objects of international law are all that, about which subjects of entry into certain relations. The object is international or interstate relations that do not belong to the exclusively internal competence of the State-Wa and go beyond the city's territory of each particular state.

4) The special procedure of normalization - the norms of international law are created directly directly to the subjects of international law, but also primarily the states, this is due to the free coordination of the free of sovereign states and the expression of this agreed will in the international treaties concluded between them. States have the right to make reservations regarding unacceptable norms of individual articles of the contract or at all the state in the right to refuse to participate in the international treaty.

5) a special procedure for coercion to comply with the norms of international law - the coercion of subjects of international law is fulfilled by the subjects of MP themselves based on existing international legal norms. Application to the violator of the norms of international law of international legal sanctions (peculiar activities of international organizations - UN, UN Security Council).

6) SPECIAL SOURCES MP: international treaties and international customs.

MP system - Summary of international norms, institutions and industries of MPs, taken in their unity and interdependence. The core of the MP system is the imperative norms embodied in the basic principles of MP. Branch of mp -Suppiness of commonly legal codified international legal norms regulating the relations of MP entities in one of the wide range of international cooperation (the right of international treaties, the right of external relations, the right of international organizations, the right of international security, international environmental law, international Humanitarian law, international marine law, international cosmic law). Institute of Law - This is the combination of international legal norms concerning the relations of the MP constituent entities on any particular object of legal regulation or establishing international legal status or the use of any district, sphere, space or other objects (Institute of Diplomatic Representation and Privileges). Among the problems of the systematization of MP can be called the problem of determining the sectoral "registration" of several groups of norms regulating the regime of certain territories (spaces). For example, issues of legal status state territory, including sections with a special regime, the legal status of Antarctic "fell out" from the industry classification.

MP functions:

1) Security - resolution of international disputes, etc.

2) Regulatory

3) The coordination function (control) is aimed at coordination of the Intergos cooperation, management international activities State-c.

The international system (in a broad sense) is a totality comprising:

1) the most diverse subjects of the International System or Actors Actors (ACTORS)

2) relations between numerous subjects of the international system (political, social, etc.).

3) a set of legal systems, incl. National under which relations are carried out between the subjects of the international system

Narrow meaning - a set, the CTR includes:

1) Subjects of MP - it is the domineering entities - state-in, international organizations, etc.

2) international relationships. relations between subjects of MP

3) The International Public Law itself, within which the actors of MP

The international regulatory system includes:

1) actually mp

2) political standards - exist in declarations, joint statements, resolutions of international meetings, resolutions of international meetings, communiqué. These norms are a coordinated will of the state-in, but do not have a mandatory JUR of power.

3) the norms of international "soft law" (Softlaw) - contains in resolutions of international organizations, some coordinated agreements, coordinated provisions, but who do not have an obligation of power, but in the relation of this interdorganizak, the CTR expressed the desire for them to such norms - They must follow these standards.

2. The content of modern international law: contract, custom, general principles of law. The process of creating the norms of modern international law. Auxiliary sources.

All sources within the MP, as a rule, are combined into 3 groups:

1) Main Sources: International Contracts, Interd-Rights of Customs and General Principles of Law

2) derivatives or secondary sources: resolutions and solutions of international organizations

3) auxiliary sources: court decisions, the doctrine of the most qualified specialists, unilateral statements of state-in.

Art. 38 of the UN International Court of Justice - Approximate List of Sources

1. Main sources:

1) International Treaty - in accordance with PP. And paragraph 1 of Article 38 of the Statute - the International Court of Justice, in solving the disputes transferred to him, international conventions, both general and special, establishing rules definitely recognized by the arms-related states. According to the Vienna Convention "On the Law of International Contracts" of 1969, an Agreement means an international agreement concluded between state-in words and regulated by international law, regardless of whether such an agreement contains in one doca, in 2 or several related between ourselves docking, as well as regardless of its specific name. The international community is of great importance, it is believed that this is not the perfect regulatory tool, because The process of coordination between Dog-Ra is very long, and the relationship is sufficiently dynamic.

Classification of the Dog-in

History

Permanent Chamber of International Justice

The first international judicial body intended for peaceful dispute resolution was the Permanent Chamber of International Justice (PPPP) established in 1920 under the auspices of the League of Nations.

The Chamber was created and funded by the league of nations, however, the Chamber was not part of the League, and its statute was not part of the League Statute. The state that became a member of the League was not automatically part of the Statute of the PPMP. On the other hand, several hundreds of contracts were signed, providing for the jurisdiction of the PPPM on disputes related to these treaties.

In the period from 1922 to 1940, PPPs made decisions on 29 disputes of states and adopted 27 advisory conclusions, of which almost all were fulfilled. The Chamber also made a significant contribution to the development of international law. Its activity was interrupted by the Second World War, and then, in 1946, together with the Liga of Nations, the Chamber was dissolved. The successor of the Chamber was the UN International Court of Justice.

Institution of the UN International Court

At this conference it was decided to create a new judicial body, which, in accordance with the final adopted article 92 of the United Nations Charter, "is the main judicial authority of the United Nations" and is valid in accordance with its Statute. In accordance with the same Regulations, the Statute of the International Court of Justice, which attached to the Charter of the United Nations, forms an integral part of the Charter. The statute was adopted unanimously together with the Charter at the end of the Conference on June 25, 1945 and entered into force in accordance with paragraph 3 of Article 110 of the Charter on October 24, 1945.

For the first time, the court gathered on April 3, 1946 in the palace of the world and on April 6, elected his chairman, vice chairman and secretary. The first chairman of the court was elected judge José Gustavo Guerrero (Salvador), who was the chairman of the PPMP until her dissolution. On April 18, 1946, the International Court held his first public meeting.

UN Charter on International Court

The UN Charter contains the head of the XIV International Court, consisting of five articles (Articles 92 - 96), in which the general most important provisions relating to the court are identified.

Article 92 establishes:

The International Court of Justice is the United Nations Chief Judiciary. It acts in accordance with the attached Statute, which is based on the Statute of the Permanent Chamber of International Justice and forms an integral part of this Charter.

Article 93 of claim 1 defines that all UN member states are iPSO FACTO. Participants of the Statute of the Court. This consists of a significant difference from that state of affairs, which existed under the League of Nations, when the state member of the League could not be a member of the Statute of the PPMP.

According to Article 93 of paragraph 2, the state that is not a member of the UN may also become a participant in the Statute on the terms that are determined in each individual case by the General Assembly on the recommendation of the Security Council.

Article 94 obliges States to comply with the decisions of the court for those cases in which they are parties. In cases where a party in the case does not fulfill the court decision, the other party may contact the Security Council, which in turn can make recommendations or take measures to enforce the decision.

Article 96 provides the General Assembly and the Security Council the right to request advisory opinions from the International Court for any legal issue. Other bodies and specialized UN organizations that have received the appropriate permission of the General Assembly may also request advisory opinions, but only on such legal issues that arise within their circle of activity.

Structure and composition of the Statute

The statute is divided into 5 chapters and contains a total of 70 articles.

The statute begins by S. articles 1.Proclaiming:

An international court established by the Charter of the United Nations as the main judicial body of the United Nations is formed and operates in accordance with the following decisions of this Statute.

The remaining 69 articles are grouped in 5 chapters:

• Chapter I: Court Organization (Articles 2-33)
• Chapter II: Court Competence (Articles 34-38)
• Chapter III: Disposal (Articles 39-64)
• Chapter IV: Advisory Conclusions (Articles 65-68)
• Chapter V: Amendments (Articles 69-70).

Chapter I: Court Organization

Articles 2-33 of the Statute regulate the organization of the court.

The court consists of 15 members, at the same time "in its composition there can be no two citizens of the same state." The nomination of candidates is made not by states, but by national groups of the permanent chamber of the Arbitration Court. Elections of court members independently of each other produce the General Assembly and the Security Council of the Court.

The judges are elected for 9 years and can be re-elected (Article 13). They are not allowed to fulfill any political or administrative duties, they "cannot devote themselves to any other occupation of a professional nature." In the performance of their judicial duties, the judges enjoy diplomatic privileges and immunities. The court elects its chairman and vice-chairman for three years; Subsequently, they can be re-elected (Art. 21).

The location of the court is established by the Hague, but the court is not forbidden to "sit and fulfill its functions in other places in all cases where the court will find it desirable" (Art. 22). The court can sit down either in full, or form cameras in three or more judges.

Article 31 contains decisions regarding the right of the party (state) to be represented in the court of judge, consisting in its citizenship. If the court already has judges consisting of citizenship both of the same and the other side, then these judges "retain the right to participate in meetings on the case produced in the court." If there is no judge that has a citizenship of some of the parties, then it has the right to elect a judge to participate in this case. The judges "are elected in this way" participate in decision-making on equal rights with their colleagues. "

Article 32 regulates issues related to the monetary content of the court members and its chairman, the Vice-Chairman and the secretary, and Article 33 determines that the court costs are carried by the United Nations.

Chapter II: Court Competence

Articles 34-38 of the Statute regulate the competence of the court.

Article 34 establishes generalAccording to which only States may be parties to a case dealing with by the court. From here, in particular, it follows that the UN has no right to speak with complaints before its main judicial authority.

Article 36 regulates the jurisdiction of the court for specific disputes. In paragraph 1 and paragraph 2 of this article, three methods are indicated by which the case may be initiated in court. These include:

• Excitement on the consent of the parties.
• The initiation of the case on the basis of a previously prisoner agreement providing for the transfer of disputes a certain category for consideration by the court by a one-way statement by one of the parties.
• The initiation of the case on the basis of the statement of the State party of the Statute of the Court to recognize the jurisdiction of the court with respect to any other state that has taken the same obligation.

At the same time, Article 36, paragraph 6 of the Statute explains that "in the case of a dispute about the jurisdiction of the case, the issue is permitted by the Court's definition."

Article 38, which is believed to be one of the most important in the Statute, in paragraph 1 indicates the sources of law applied by the court. In addition to them, Art. 38, paragraph 2 provides the court the right to "resolve the EX AEQUO ET BONO case, if the parties agree with that."

Chapter III: Supervision

Articles of chapter determine the procedures and procedures for legal proceedings. French and English (Article 39, paragraph 1) are installed as official court languages. However, at the request of any of the parties, the court is obliged to provide it with the right to use another language, in addition to French and English (Art. 39, paragraph 3).

The hearing in court is carried out in public if "did not follow a different court decision or if the parties do not require the public to be allowed" (Art. 46), and the Court Meetings are closed and persisted in secret (Article 54, paragraph 3) . At the same time, "all issues are permitted by a majority of votes of the judges present" (Art. 55, paragraph 1), and in the event of equality of the number of votes, "the voice of the chairman or a replacement of his judge gives advantage" (Art. 55, paragraph 1).

Article 60 establishes that the court decision is finally not subject to appeal. At the same time, it is allowed to appeal to the court with a request to revise the solution, but "Only on the basis of newly discovered circumstances, which in their nature can have a decisive influence on the outcome of the case and which, when making a decision, were not known, neither a court or side asking for Revision, while in an indispensable condition that such ignorance was not a consequence of negligence "(Art. 61, p. 1). The request for the revision of the case must be declared before the expiration of the six-month period after the opening of new circumstances (Art. 61, p. 4); In any case, the possibility of filing requests is limited to ten years since the decision is made (Art. 61, paragraph 5).

Article 41 is allocated to its content among the other articles of Chapter III, touching the issue more important than the issue of the procedure. This article provides a court right to specify "temporary measures to be taken to ensure the rights of each Party" with the immediate bringing the report on the measures offered to the attention of the parties and the Security Council.

Chapter IV: Advisory Conclusions

Articles 65-68 contain prescriptions regarding what can be the subject of court advisory conclusions. Article 65 approves general principleThis, "Court may give advisory opinions on any legal issue, at the request of any institution authorized to make such requests by the Charter of the Charter of the United Nations or according to this Charter."

Chapter V: Amendments

Articles 69 and 70, which make up chapter V, talk about the amendments to the Charter. Since the Statute is an integral part of the UN Charter, Art. 69 Determines that the amendments to the Statute are introduced in the same manner as the amendments to the Charter. In addition, given that the statute participants may be states that are not consisting by UN members, Art. 69 establishes that the procedure for amending the Statute is subject to all the rules established for these states by the General Assembly.

Notes

Comments

1. IPSO FACTO (LAT. IPSO FACTO - literally "the fact itself") - by virtue of the fact itself, by virtue of this or in itself.
2. That was the situation of the USSR from 1934 to 1939
3. Before becoming members of the UN, at the following conditions, Sveventry (1948-2002), Liechtenstein (1950-1992), San Marino (1954-1992), Japan (1954-1956) and Nauru (1954-1956) and Nauru (1954-1956) 1999). As of 2014, the participants of the Statute are only UN member states.
4. Currently, the right to request advisory conclusions is provided by three bodies (Economic and Social Council, the Council for the Obpea and the Intersheessional Committee of the General Assembly) and 16 UN agencies (UNESCO, International Labor Organization, World Health Organization, World Bank, International Civil Aviation Organization and Dr.).
5. Such judges are usually referred to as the judges. aD HOC..
6. EX AEQUO ET BONO - by justice. That is, in this case, when making a decision, the court is not related to the norms of law, but is guided by considerations of justice and common sense