Statute of the International Court of Justice 6

Statute of the International Court of Justice

 

Chapter IV. Advisory Opinions.

Article 65.(1) The Court may give an advisory opinion on any legal question
at the request of whatever body may be authorized by or in accordance with
the Charter of the United Nations to make such a request.

(2) Questions upon which the advisory opinion of the Court is asked shall
be laid before the Court by means of a written request containing an exact
statement of the question upon which an opinion is required, and
accompanied by all documents likely lo throw light upon the question.

Article 66.(1) The Registrar shall forthwith give notice of the request for
an advisory opinion to all states entitled to appear before the Court.

(2) The Registrar shall also, by means of a special and direct
communication, notify any state entitled to appear before the Court or
international organization considered by the Court, or, should it not be
sitting, by the President, as likely to be able to furnish information on
the question, that the Court will be prepared to receive, within a time
limit to be fixed by the President, written statements, or to hear, at a
public sitting to be held for the purpose, oral statements relating to the
question.

(3) Should any such state entitled to appear before the Court have failed
to receive the special communication referred to in paragraph 2 of this
Article, such state may express a desire to submit a written statement or
to be heard; and the Court will decide.

(4) States and organizations having presented written or oral statements or
both shall be permitted to comment on the statements made by other states
or organizations in the form, to the extent, and within the time limits
which the Court, or, should it not be sitting, the President, shall decide
in each particular case. Accordingly, the Registrar shall in due time
communicate any such written statements to states and organizations having
submitted similar statements.

Article 67. The Court shall deliver its advisory opinions in open court,
notice having been given to the Secretary-General and to the
representatives of Members of the United Nations, of other states and of
International Organizations immediately concerned.

Article 68. In the exercise of its advisory functions the Court shall
further be guided by the provisions of the present Statute which apply in
contentious cases to the extent to which it recognizes them to be
applicable.

Chapter V. Amendment.

Article 69. Amendments to the present Statute shall be effected by the same
procedure as is provided by the Charter of the United Nations for
amendments to that Charter, subject however to any provisions which the
General Assembly upon recommendation of the Security Council may adopt
concerning the participation of states which are parties to the present
Statute but are not Members of the United Nations.

Article 70. The Court shall have power to propose such amendments to the
present Statute as it may deem necessary, through written communications to
the Secretary-General, for consideration in conformity with the provisions
of Article 69.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Charter of the United Nations, International Organizations, Statute of the International Court of Justice.


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