Se/ifeUiTyjof State 4 page

such conditions place the parties in a position of

inequality before the Court.

3. When a state which is not a Member of the

United Nations is a party to a case, the Court shall

fix the amount which that party is to contribute

towards the expenses of the Court. This provision

shall not apply if such state is bearing a share of

the expenses of the Court.

Article 36

1. The jurisdiction of the Court comprises all

cases which the parties refer to it and all matters

specially provided for in the Charter of the United

Nations or in treaties and conventions in force.

2. The states parties to the present Statute may

at any time declare that they recognize as compulsory

ipso facto and without special agreement, in

relation to any other state accepting the same obligation,

the jurisdiction of the Court in all legal

disputes concerning:

a. the interpretation of a treaty;

b. any question of international law;

c. the existence of any fact which, if established,

would constitute a breach of an international

obligation ;

d. the nature or extent of the reparation to

be made for the breach of an international obligation.

3. The declarations referred to above may be

made unconditionally or on condition of reciprocity

on the part of several or certain states, or

for a certain time.

4. Such declarations shall be deposited with

the Secretary-General of the United Nations, who

shall transmit copies thereof to the parties to the

Statute and to the Registrar of the Court.

5. Declarations made under Article 36 of the

Statute of the Permanent Court of International

Justice and which are still in force shall be deemed,

as between the parties to the present Statute, to be

acceptances of the compulsory jurisdiction of the

International Court of Justice for the period which

they still have to run and in accordance with their

terms.

6. In the event of a dispute as to whether the

Court has jurisdiction, the matter shall be settled

by the decision of the Court.

Article 37

Whenever a treaty or convention in force provides

for reference of a matter to a tribunal to have

been instituted by the League of Nations, or to the

Permanent Court of International Justice, the

matter shall, as between the parties to the present

Statute, be referred to the International Court of

Justice.

Article 38

1. The Court, whose function is to decide in

accordance with international law such disputes

as are submitted to it, shall apply:

a. international conventions, whether general

or particular, establishing rules expressly

recognized by the contesting states ;

b. international custom, as evidence of a

general practice accepted as law;

c. the general principles of law recognized

by civilized nations ;

d. subject to the provisions of Article 59,

judicial decisions and the teachings of the most

highly qualified publicists of the various nations,

as subsidiary means for the determination

of rules of law.

2. This provision shall not prejudice the power

of the Court to decide a case ex aequo et bond, if

the parties agree thereto.

CHAPTER III

PROCEDURE

Article 39

1. The official languages of the Court shall be

French and English. If the parties agree that the

case shall be conducted in French, the judgment

shall be delivered in French. If the parties agree

that the case shall be conducted in English, the

judgment shall be delivered in English.

2. In the absence of an agreement as to which

language shall be employed, each party may, in

the pleadings, use the language which it prefers;

the decision of the Court shall be given in French

and English. In this case the Court shall at the

same time determine which of the two texts shall

be considered as authoritative.

3. The Court shall, at the request of any party,

authorize a language other than French or English

to be used by that party.

Article 40

1. Cases are brought before the Court, as the

case may be, either by the notification of the special

agreement or by a written application addressed

to the Registrar. In either case the subject of the

dispute and the parties shall be indicated.

2. The Registrar shall forthwith communicate

the application to all concerned.

3. He shall also notify the Members of the

United Nations through the Secretary-General,

and also any other states entitled to appear before

the Court.

Article 41

1. The Court shall have the power to indicate,

if it considers that circumstances so require, any

provisional measures which ought to be taken to

preserve the respective rights of either party.

2. Pending the final decision, notice of the

measures suggested shall forthwith be given to the

parties and to the Security Council.

Article 42

1. The parties shall be represented by agents.

2. They may have the assistance of counsel or

advocates before the Court.

3. The agents, counsel, and advocates of parties

before the Court shall enjoy the privileges

and immunities necessary to the independent exercise

of their duties.

Article 43

1. The procedure shall consist of two parts:

written and oral.

2. The written proceedings shall consist of

the communication to the Court and to the parties

of memorials, counter-memorials and, if necessary,

replies; also all papers and documents in

support.

3. These communications shall be made

through the Registrar, in the order and within the

time fixed by the Court.

4. A certified copy of every document produced

by one party shall be communicated to the other

party.

5. The oral proceedings shall consist of the

hearing by the Court of witnesses, experts, agents,

counsel, and advocates.

Article 44

1. For the service of all notices upon persons

other than the agents, counsel, and advocates, the

Court shall apply direct to the government of the

state upon whose territory the notice has to be

served.

2. The same provision shall apply whenever

steps are to be taken to procure evidence on the

spot.

Article 45

The hearing shall be under the control of the

President or, if he is unable to preside, of the Vice-

President; if neither is able to preside, the senior

judge present shall preside.

Article 46

The hearing in Court shall be public, unless the

Court shall decide otherwise, or unless the parties

demand that the public be not admitted.

Article 47

1. Minutes shall be made at each hearing and

signed by the Registrar and the President.

2. These minutes alone shall be authentic.

Article 48

The Court shall make orders for the conduct of

the case, shall decide the form and time in which

each party must conclude its arguments, and make

all arrangements connected with the taking of

evidence.

Article 49

The Court may, even before the hearing begins,

call upon the agents to produce any document or

to supply any explanations. Formal note shall be

taken of any refusal.

Article 50

The Court may, at any time, entrust any individual,

body, bureau, commission, or other organization

that it may select, with the task of carrying

out an enquiry or giving an expert opinion.

Article 51

During the hearing any relevant questions are

to be put to the witnesses and experts under the

conditions laid down by the Court in the rules of

procedure referred to in Article 30.

Article 52

After the Court has received the proofs and evidence

within the time specified for the purpose,

it may refuse to accept any further oral or written

evidence that one party may desire to present unless

the other side consents.

Article 53

1. Whenever one of the parties does not appear

before the Court, or fails to defend its case, the

other party may call upon the Court to decide in

favor of its claim.

2. The Court must, before doing so, satisfy itself,

not only that it has jurisdiction in accordance

with Articles 36 and 37, but also that the claim is

well founded in fact and law.

Article 54

1. When, subject to the control of the Court,

the agents, counsel, and advocates have completed

their presentation of the case, the President shall

declare the hearing closed.

2. The Court shall withdraw to consider the

judgment.

3. The deliberations of the Court shall take

place in private and remain secret.

Article 55

1. All questions shall be decided by a maj ority

of the judges present.

2. In the event of an equality of votes, the President

or the judge who acts in his place shall have

a casting vote.

Article 56

1. The judgment shall state the reasons on

which it is based.

2. It shall contain the names of the judges who

have taken part in the decision.

Article 57

If the judgment does not represent in whole or

in part the unanimous opinion of the judges, any

judge shall be entitled to deliver a separate opinion.

Article 58

The judgment shall be signed by the President

and by the Registrar. It shall be read in open court,

due notice having heen given to the agents.

Article 59

The decision of the Court has no binding force

except between the parties and in respect of that

particular case.

Article 60

The judgment is final and without appeal. In

the event of dispute as to the meaning or scope of

the judgment, the Court shall construe it upon the

request of any party.

Article 61

1. An application for revision of a judgment

may be made only when it is based upon the discovery

of some fact of such a nature as to be a decisive

factor, which fact was, when the judgment

was given, unknown to the Court and also to the

party claiming revision, always provided that such

ignorance was not due to negligence.

2. The proceedings for revision shall be opened

by a judgment of the Court expressly recording the

existence of the new fact, recognizing that it has

such a character as to lay the case open to revision,

and declaring the application admissible on this

ground.

3. The Court may require previous compliance

with the terms of the judgment before it admits

proceedings in revision.

4. The application for revision must be made

at latest within six months of the discovery of the

new fact.

5. No application for revision may be made

after the lapse of ten years from the date of the

judgment.

Article 62

1. Should a state consider that it has an interest

of a legal nature which may be affected by the decision

in the case, it may submit a request to the

Court to be permitted to intervene.

2. It shall be for the Court to decide upon this

request.

Article 63

1. Whenever the construction of a convention

to which states other than those concerned in the

case are parties is in question, the Registrar shall

notify all such states forthwith.

2. Every state so notified has the right to intervene

in the proceedings; but if it uses this right,

the construction given by the judgment will be

equally binding upon it.

Article 64

Unless otherwise decided by the Court, each

party shall bear its own costs.

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 to 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 brother

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.

CHAPTERV

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.

FOR CHINA:

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POR EL REINO UNIDO DE LA GRAN BRETANA E IRLANDA DEL NORTE:

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I Certify 1 h a t the foregoing is a true copy of the Charter of the United Nations, with the

Statute of the International Court of Justice annexed thereto, signed in San Francisco,

California, on June 26,1945, in the Chinese, French, Russian, English, and Spanish languages,

the signed original of which is deposited in the archives of the Government of the United

States of America.

I n T e s t i m o n y Whereof, I, EDWARD R. STETTINIUS, JR., Secretary of State, have hereunto

caused the seal of the Department of State to be affixed and my name subscribed by an

Assistant Chief, Division of Central Services of the said Department, at the city of Washington,

in the District of Columbia, this twenty-qewwroilay of June1945.

Se/ifeUiTyjof State

Date: 2015-12-11; view: 641