Abstract
If peace without law is unthinkable, peace under law is much to be strived for and desired. In the humanity’s long struggle for peace, one of the oldest, most important and appropriate, approaches to peace has been the peaceful settlement of disputes on the basis of law. In all civilized societies, disputes between individuals are settled in courts under the rule of law. But the law of jungle still prevails as the ultimate mechanism to settle disputes between nations. If we want to avoid the bloodbath of continuous warfare we see all around in our international society, we should be prepared to resolve our disputes through impartial third-party settlement, if direct negotiations between parties fail. That is the only civilized way to settle disputes. Supremacy of law within nations insures freedom of individuals. Supremacy of law in the community of nations, it is hoped, will free mankind from the dread of endemic violence and destruction we see and hear everyday all over the world.
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References
See, Edwin Dewitt Dickinson, Law and Peace (Philadelphia, 1951), p. 113.
Dickinson,ibid. p. 121.
Dickinson,ibid. pp. 121–22.
See, Gilbert Guillaume, “The Future of International Judicial Institutions”, International and Comparative Law Quarterly (l.C.L.Q), vol. 4 (October 1955), pp. 848–49.
Disputes like the prompt release of vessels and crews under Art. 292 of the L.O.S. Convention and in the matter of provisional measures under Art. 290, paragraph 5, and disputes concerning the international seabed area as provided in Part XÏ of the Convention. See Judge P. Chandrasekhara Rao, “The ITLOS And its Guidelines”, Indian Journal of International Law (IJIL), vol. 38, nos. 3 and 4, pp. 371–72.
R.Y. Jennings, “The Judiciary, International and National, and the Development of International Law”, ICLQ, vol. 45 (January 1996), p. 5.
Jennings,ibid. p. 5.
George M. Abi-Saab, quoted in R.Y. Jennings, “The Role of the International Court of Justice”, British Yearbook of International Law,\ ol. 68 (1997), p. 61. But cf. Shabtai Rosenne who points out that “there is no evidence to support the view that multiplicity of international judicial institutions for the settlement of disputes seriously impairs the unity of jurisprudence (a difficult proposition at the best of times). The Convention requires ITLOS to perform tasks that are beyond the capacity of the International Court under its present Statute. If only for that reason the cautious observer will hesitate before crying redundant.” Shabtai Rosenne, “Establishing the ITLOS”, American Journal of International Law (AJIL), vol. 89 (1995), p. 814; see also Alexander Yankov, “ITLOS: Its place within the dispute settlement system of UN Law of the Sea Convention, IJIL, vol. 37 (1997), p. 304.
Jennings,ibid. p. 60.
See, R.P. Anand, quoting numerous cases in the World Court, International Courts and Contemporary Conflicts (Bombay, 1974), pp. 194 ff.
See R.P. Anand, Compulsory Jurisdiction of the International Court of Justice (Bombay, 1961), pp. 36–37.
See for an interesting comparison between jurisdiction conferred on the PCIJ and the ICJ, PhilippeCouvreur, m A.S. Muller, D. Raic and J.M. Thuranszky (ed.), International Court of Justice: Its Future Role After Fifty Years (The Hague, 1997), pp. 96–97.
George M. Abi-Saab, “The International Court of Justice as a World Court”, in Vaughan Lowe and Malgosia Fitzmaurice (ed.), Fifty Years of the International Court of Justice: Essays in honour of Sir Robert Jennings (Cambridge, 1996), p. 4.
See C.H.M. Waldock, “The Decline of the Optional Clause”, British Yearbook of International Law, vol. 32 (1955–56), p. 244.
See Anand, n. 11, pp. 53 ff.
See Yearbook of the ICJ, 1997–98, p. 83.
See President of the ICJ Judge Bedjaoui, in his address to the General Assembly on 11 October, 1995.
See Gudmundur Eiriksson, “The Role of ITLOS in the Peaceful Settlement of International Disputes”, Indian Journal of International Law (IJIL), vol. 37, no. 3 (Special Issue on ITLOS) (1997), p. 350.
See Law of the Sea Convention, Part XV, Sections 2 and 3; see also Guillaume, n. 4, p. 855; Shigeru Oda, “Dispute Settlement Prospects in the Law of the Sea”, International and Comparative Law Quarterly (ICLQ), vol. 41 (October 1995), p. 863.
Anand, n. 11, p. 39.
Abi-Saab, n. 13, p. 5.
See R.P. Anand, “Attitude of the ‘new’ Asian-African countries towards the International Court of Justice”, in his Studies in International Adjudication (New Delhi, 1969), pp. 53 ff; Abi-Saab, n. 13, p. 5.
The Court being equally divided 7 votes to 7. See South-West Africa Cases (Second Phase), ICJ Reports 1966, p. 6.
See R.P. Anand, “International Status of South-West Africa”, n. 22, p.l 19.
Andronico O. Adede, “Judicial Settlement in Perspective”, in A.S. Muller, D. Raic and J.M. Thuranszky (ed.),: The International Court of Justice: Its Future Role after Fifty Years (The Hague, 1997), p. 51.
See R.P. Anand, “Role of International Adjudication”, in Leo Gross, The Future of the International Court of Justice (Dobbs Ferry, N.Y. 1976), p. 2.
See Judge Mohamed Shalabuddeen, “The World Court at the Turn of the Century”, in Muller, Raic and Thuranszky, n. 25, p. 20.
See Abi-Saab, n. 13, p. 6.
See Guillaume, n. 4, p. 851.
ICJ Reports, 1971, p. 16.
ICJ Reports 1975, p. 12.
ICJ Reports 1984, pp. 415–19.
ICJ Reports 1986, p. 14.
Abi-Saab, n. 13, p. 6.
See Address by President Bedjaoui to the General Assembly on 11 October, 1995.
Quoted in Shahabuddeen, n. 27, p. 24.
See quoted in Adede, n. 25, p. 62.
ICJ Yearbook, 1991–92, p. 207. See also Judge Shahabuddeen, n. 27, p. 22ff; K. Highet, “The Peace Palace Heats up: The World Court in Business Again”,AJIL vol. 85 (1991), p. 646.
See Judge Shahabuddeen, n. 27, p. 23.
E. Jinenez de Archega, “The Amendments to the Rules of Procedure of the \Cr\AJIL vol. 67 (1973), p. 2.
See Jennings, n. 8, p. 38.
Frontier Dispute (Burkina Fago vs. Mali), ICJ Reports, 1985, p. 6. Elettronica Sicula (United States vs. Italy), ICJ Reports 1987, p. 3. Land, Island and Maritime Frontier Dispute (El Salvador Vs. Honduras), ICJ Reports, 1987, p. 3.
See Anand, n. 36, p. 264.
Jennings, n. 8, pp. 38–39.
Jennings, ibid.
Free Zones case, Order PCIJ, Series A, No. 22 (1929), p. 13. See also Shahabuddeen, n. 27, p. 23.
David P. Forsythe, “The International Court of Justice at Fifty”, in Muller, Raic, Thuranszky, n. 12, p. 397.
Jennings, n. 8, p. 53.
See Anand, n. 10, pp. 231 ff.
R.Y. Jennings, n. 8, p. 31.
Jennings, ibid., footnote. Emphasis in original. See for a detailed discussion of this dichotomy of legal and political disputes, Anand, n. 10, pp. 230–241.
See Forsythe, n. 55, p. 401.
Jennings, n. 8, p. 54.
See Abi-Saab, quoted by Jennings, ibid. p. 61.
Abi-Saab, n. 13, p. 6.
See R .P. Anand, “The World Court on Trial”, in R.S. Pathak and R.P. Dhokalia, International Law in Transition: Essays in Memory> of Judge Nagendra Singh (New Delhi, 1992), pp. 253ff.
Charles de Visscher, Theory and Reality in Public International Law (1968), p. 369.
See Judge Gilbert Guillaume, President of ICJ, Address to the General Assembly, February 2000.
See Stephen H. Schwebel, “Reflections on the Role of the ICJ”, Washington Law Review, vol. 61 (1986), p. 1061.
Abi-Saab, n. 13, p. 9. See also Jennings, n. 8, p. 38.
CJ. Reports, 1963, p. 29.
See J.L. Brierly, “Vital Interests and the Law”, BY IL, vol. 21(1944), p. 51. See also Louis B. Sohn, “The Jurisdiction of the ICJ”, AJIL, vol. 38 (1944), p. 694ff.
Jennings, ibid.
Jennings, ibid., pp. 38–39.
Jennings, ibid. p. 63.
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Anand, R.P. (2004). Enhancing the Acceptability of Compulsory Procedures of International Dispute Settlement. In: Studies in International Law and History. Developments in International Law. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-5600-6_4
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