IJC_JC2_9731_01
Uploaded by hima · 3 June 2023
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2 Section A You must answer Question 1. THE INTERNATIONAL COURT OF JUSTICE 1. Read the sources, and then answer the question which follows. When answering Question 1, candidates are advised to pay particular attention to the interpretation and evaluation of the Sources both individually and as a group. Source A Rulings in some territorial cases were accepted and honoured by the countries concerned. This was in itself a significant achievement. However, they did not concern territory of much intrinsic value. And there are thirty or forty frontier disputes between nations which remain unresolved, sometimes concerning for more valuable territory, and which have never been submitted to the Court, either because one’s party claim is not based on purely legal grounds or because one or both are not prepared to submit to the Court’s jurisdiction on the matter Evan Luard, The United Nations and How it Works, 1979. Source B A still more fundamental problem concerns the lack of enforcement available to the Court to secure compliance when it does make judgments. The Security Council can, under Article 94, ‘decide upon measures to be taken to give effect to “the judgments” of the Court, but has never done so. This leads to a situation where many deride the usefulness of bringing disputes to the Court, doubting, with some reason, not only whether the other government involved will accept jurisdiction in the first place, but whether it will comply with any judgment obtained. If Albania can defy the Court with impunity, who cannot? Adapted from an academic specializing in International Relations Source C The Court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction in one or more of the following ways: - By entering into a speci
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