UN
The name of the UN organ charged primarily with the task of maintaining international peace and security and whose resolutions can legally bind states.
UN Security Council
The name of the UN's legal organ
International Court of Justice (ICJ)
Jurisdiction to resolve disputes between states in this judicial organ arises from states doing any ONE of THREE things.
The states in dispute entering into a special agreement with each other to recognise the Court's jurisdiction just for that particular dispute; AND/OR
The disputing states accepting the Court's jurisdiction to deal with a particular dispute under a referring Article in a treaty instrument that designates the Court as the relevant dispute resolving forum; AND/OR
One or more states have made and submitted a declaration that they accept the Court's jurisdiction in relation to all or that particular type of dispute.
The main form/source of written international law binding states parties
Treaty law
The foundational instrument of 1945
UN Charter 1945
The legally binding instrument that lays out the powers and authority of the the UN's legal organ in addition to the sister document, the Charter
The Statute of the International Court of Justice 1945
The number one case example cited to demonstrate the shortcoming of the Court when it comes to enforcing its binding legal decision/s.
Nicaragua v. USA
A source of international law that does NOT need to be ratified before it will bind a state
Customary international law
The organ whose forum affords each state an equal __________ is?
vote
UN General Assembly
By ratifying the UN Charter 1945 and thereby being a party to it and the Court's Statute, states have access to this institution to resolve disputes with other states BUT the court does not have automatic __________________ jurisdiction.
compulsory
What was the name of the diplomatic case heard by the court in the 1980s, upon which a popular movie was made?
USA v. Iran (1980)
The term given to the supremacy of countries/nations, as recognised legal entities, on the international plane
Sovereignty
Article 27 of this foundational instrument affords a special power on the P5, who are the P5 and what is this special power contained in Article 27?
The permanent 5 members of the UN Security Council
The power to block a resolution from carrying by exercising a veto power.
The term given to its jurisdiction that is highly influential but not legally binding on states.
Advisory Jurisdiction - to make advisory opinions
ONLY these can submit a matter to the court for it's opinion
UN organs and agencies
States don't pass treaties, they _____________ resolutions which open treaties for signature and later ratification.
Statements and directives adopted by a UN organ like the UNGA or UNSC are contained in this document
Resolution
The body who has legal authority to enforce its legally binding decisions if petitioned by a state
The UN Security Council
Are the decisions of the Court legally binding on states in dispute?
AND
What is the Article in the UN Charter that outlines the obligation of such disputing states when such a decision is made?
Yes, they are legally binding and must be complied with.
Article 94
"Each member of the UN undertakes to COMPLY with the decision of the ICJ in any case to which it is a party..."
International law is very different from domestic law. In domestic law there is a sovereign parliament which makes legislation. Is there a world parliament? If yes, what is it? If not, why not, what is there? Explain.
There is NO world parliament.
There is the UN which looks somewhat like a world parliament BUT is cannot pass binding legislation binding the countries of the world. Sources of international law are different to domestic law.