International Legal Links

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946.

The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America). The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.

The Convention for the Protection of Human Rights and Fundamental Freedoms was drawn up within the Council of Europe. It was opened for signature in Rome on 4 November 1950 and entered into force in September 1953. Taking as their starting point the 1948 Universal Declaration of Human Rights, the framers of the Convention sought to pursue the aims of the Council of Europe through the maintenance and further realisation of human rights and fundamental freedoms. The Convention was to represent the first steps for the collective enforcement of certain of the rights set out in the Universal Declaration.

The Court of Justice is composed of 27 Judges and eight Advocates General. The Judges and Advocates General are appointed by common accord by the governments of the Member States for a renewable term of six years. They are chosen from among lawyers whose independence is beyond doubt and who possess the qualifications required for appointment, in their respective countries, to the highest judicial offices, or who are of recognised competence.

The Inter-American Court of Human Rights, which is an autonomous judicial institution of the Organization of American States established in 1979, and whose objective is the application and interpretation of the American Convention on Human Rights and other treaties concerning this same matter.

The mission of the TJAC is to ensure the respect of Community law, settle disputes arising from it, and consistently interpret it. The jurisdiction of the TJAC encompasses three areas. Firstly, it may nullify decisions of the Commission of the Andean Community, a quasi-legislative organ of the Andean Community, which it may eventually find in conflict with the community legal system. Secondly, it may rule upon the complaint of a member State or the Junta (a three-member organ supervising the implementation of the community agreements) that a member State is not in compliance with Community law. Thirdly, it may render binding interpretations of Community law at the request of national judges litis pendente (preliminary rulings).

The mission of the CACJ is to realize a closer integration between its members and thereby establish a free, democratic, and peaceful region. Its jurisdiction encompasses three key areas: first, disputes between member States or between a member State and a State which is not a member but agrees to the Court’s jurisdiction; second, disputes between States and any natural or legal person who is a resident of any member State; third, disputes about the integration process arising between Central American Integration System’s Organs and member States or natural or legal persons. Finally, much like its regional predecessors but unlike most of the bodies included in this matrix, the CACJ is characterized by strong supra-national features. It acts as a permanent consultative organ for Supreme Courts of the region and can, upon request of a party, hear disputes between constitutional organs of member States.

The CCJ has a hybrid nature that sets it apart from all other courts. Indeed, like the ECJ, COMESA Court, TJAC, and even the ICJ, the CCJ is an international tribunal applying rules of international law in respect of the interpretation and application of the applicable treaties. Like judicial bodies of regional organizations, its role is to preserve the community (i.e., the Caricom) legal order (i.e., the Treaty of Chaguaramas and its protocols). However, at the same time, and the CCJ will hear appeals in both civil and criminal matters from common law courts within the jurisdictions of member States of the Caricom and which are parties to the Agreement establishing the CCJ. For those Commonwealth States that ratify the Agreement Establishing the CCJ, the CCJ will replace the Judicial Committee of the Privy Council.

The establishment of the Court of Justice (Court) of the Common Market for Eastern and Southern Africa (COMESA) is a major event in the history of COMESA as an organization and in the development of COMESA Community Law and Jurisprudence. The Court was established in 1994 under Article 7 of the COMESA Treaty as one of the organs of COMESA. The Authority which is the supreme policy organ of COMESA appointed the Judges of the Court during its Third Summit on 30th June, 1998 at Kinshasa in the Democratic Republic of Congo. The Registrar of the Court was also appointed by the COMESA Council of Ministers (the Council), during its Meeting in June, 1998 at Kinshasa in the Democratic Republic of Congo. To ensure the independence of the Court, Article 9 (2) (c) of the COMESA Treaty provides that the Council shall give directions to all other subordinate organs of COMESA other than the Court in the exercise of its jurisdiction.

This is the most recent of the three regional human rights judicial bodies. It was established in 1998 by a protocol, 12 years after the entry into force of the African Charter on Human and Peoples’ Rights, concluded in 1981 in Banjul, Gambia, under the aegis of the Organization of African Unity (OAU). The Protocol establishing the ACHPR entered into force on January 1, 2004 upon its ratification by fifteen member states. The statute of the ACHPR has not yet been promulgated and a seat for the court has yet to be determined, therefore much of the data regarding its functioning is not yet available. Yet, because of several peculiar structural and legal features, it has nonetheless been included here.

The PCA is an intergovernmental organization with over one hundred member states. Established in 1899 to facilitate arbitration and other forms of dispute resolution between states, the PCA has developed into a modern, multi-faceted arbitral institution that is now perfectly situated at the juncture between public and private international law to meet the rapidly evolving dispute resolution needs of the international community. Today the PCA provides services for the resolution of disputes involving various combinations of states, state entities, intergovernmental organizations, and private parties.

The International Criminal Court (ICC) is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. The ICC is based on a treaty, joined by 105 countries.

The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. In addition, the ICC only tries those accused of the gravest crimes.

The United Nations Convention on the Law of the Sea was opened for signature at Montego Bay, Jamaica, on 10 December 1982. It entered into force 12 years later, on 16 November 1994. A subsequent Agreement relating to the implementation of Part XI of the Convention was adopted on 28 July 1994 and entered into force on 28 July 1996. This Agreement and Part XI of the Convention are to be interpreted and applied together as a single instrument.

The Convention establishes a comprehensive legal framework to regulate all ocean space, its uses and resources. It contains, among other things, provisions relating to the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone and the high seas. It also provides for the protection and preservation of the marine environment, for marine scientific research and for the development and transfer of marine technology. One of the most important parts of the Convention concerns the exploration for and exploitation of the resources of the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction (the Area). The Convention declares the Area and its resources to be “the common heritage of mankind.” The International Seabed Authority, established by the Convention, administers the resources of the Area.

The WTO’s procedure for resolving trade quarrels under the Dispute Settlement Understanding is vital for enforcing the rules and therefore for ensuring that trade flows smoothly.

A dispute arises when a member government believes another member government is violating an agreement or a commitment that it has made in the WTO. The authors of these agreements are the member governments themselves—the agreements are the outcome of negotiations among members. Ultimate responsibility for settling disputes also lies with member governments, through the Dispute Settlement Body.

ICSID is an autonomous international institution established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States with over one hundred and forty member States. The Convention sets forth ICSID’s mandate, organization and core functions. The primary purpose of ICSID is to provide facilities for conciliation and arbitration of international investment disputes.

The Supreme Court of the United States of America is the final court of appeal in the United States. It has partial discretion in the cases it hears (see: Rule of Four). It is the court of original jurisdiction for a small set of cases: “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.” [US Constitution, Art III, §2]

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and interprets the Constitution of Australia