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International Court of Justice Permanent Court of Arbitration International Criminal Court
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Definitions Litigation… prosecuting a lawsuit in a court. Litigation… prosecuting a lawsuit in a court. Plaintiff… person (or country) claiming to have been hurt or wronged by the defendant’s action. Plaintiff… person (or country) claiming to have been hurt or wronged by the defendant’s action. Defendant… person being accused of wrongful actions. Defendant… person being accused of wrongful actions.
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Definitions Arbitration… method for settling disputes outside of a court, most commonly used to settle commercial disputes. The dispute is presented to a neutral third party intermediary or panel of arbitrators. Arbitration… method for settling disputes outside of a court, most commonly used to settle commercial disputes. The dispute is presented to a neutral third party intermediary or panel of arbitrators. Arbitration is more informal than court litigation. It is similar to a court—there is a winner and a loser. Arbitration is more informal than court litigation. It is similar to a court—there is a winner and a loser. Commonly used to settle international commercial disputes. Commonly used to settle international commercial disputes.
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First Hague Peace Conference 1899 Purpose of peace conferences in 1899 & 1907 was arms limitation Purpose of peace conferences in 1899 & 1907 was arms limitation First conference called by Tsar Nicholas II because Russia couldn’t keep up with the arms race occurring in Europe First conference called by Tsar Nicholas II because Russia couldn’t keep up with the arms race occurring in Europe Established the Permanent Court of Arbitration. Established the Permanent Court of Arbitration.
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Second Hague Peace Conference 1907 Called by Theodore Roosevelt. Called by Theodore Roosevelt. Purpose was to try to halt naval race between Great Britain & Germany. Purpose was to try to halt naval race between Great Britain & Germany. US & Britain tried to get arms limitations agreements, but failed. US & Britain tried to get arms limitations agreements, but failed. Germany did not want naval limitations. Germany did not want naval limitations. US did not believe it could build a navy big enough to become #2 behind Great Britain. US did not believe it could build a navy big enough to become #2 behind Great Britain.
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Permanent Court of Arbitration http://www.pca-cpa.org http://www.pca-cpa.org Established in 1899 by the Convention for the Pacific Settlement of International Disputes. Established in 1899 by the Convention for the Pacific Settlement of International Disputes. The Convention was passed at the first Hague Peace Conference called by Tsar Nicholas II. The Convention was passed at the first Hague Peace Conference called by Tsar Nicholas II. Headed by a Secretariat; there are 110 member nations. Headed by a Secretariat; there are 110 member nations.
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Types of cases… commercial & investment disputes, treaties, human rights disputes. Types of cases… commercial & investment disputes, treaties, human rights disputes. Members of the Court… group of potential arbitrators from which can be selected arbitrators for a case. Members of the Court… group of potential arbitrators from which can be selected arbitrators for a case. Member countries are allowed to choose up to four persons to be Members of the Court. Member countries are allowed to choose up to four persons to be Members of the Court. Members of the Court also help nominate candidates for election to the ICJ. Members of the Court also help nominate candidates for election to the ICJ.
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International Court of Justice (ICJ) http://www.icj-cij.org/ ICJ is headquartered at The Hague Peace Palace. ICJ is headquartered at The Hague Peace Palace. The Peace Palace is owned by the Carnegie Foundation. The Peace Palace is owned by the Carnegie Foundation. The Hague Peace Palace opened in 1913. The Hague Peace Palace opened in 1913. Tour of the Peace Palace Tour of the Peace Palace http://www.vredespaleis.nl/default.asp?tl=1 http://www.vredespaleis.nl/default.asp?tl=1 The ICJ began in 1946; it took over from the Permanent Court of International Justice that was part of the League of Nations. The ICJ began in 1946; it took over from the Permanent Court of International Justice that was part of the League of Nations.
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There are 15 judges on the ICJ. They serve terms of nine years and can have 3 terms total. There are 15 judges on the ICJ. They serve terms of nine years and can have 3 terms total. One-third of the court is elected every three years. Judges can be re-elected two times. One-third of the court is elected every three years. Judges can be re-elected two times. Judges are elected by the GA and SC in independent elections. Judges must received over 50% of the vote in both the GA and SC. Judges are elected by the GA and SC in independent elections. Judges must received over 50% of the vote in both the GA and SC. No more than one judge can be from the same country. No more than one judge can be from the same country. The official languages of the court are English and French. The official languages of the court are English and French.
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All nations that are in the UN are able to bring a case to the ICJ. All nations that are in the UN are able to bring a case to the ICJ. 66 UN nations have agreed in advance to accept the ICJ decisions as binding. The US does not. 66 UN nations have agreed in advance to accept the ICJ decisions as binding. The US does not. Before the ICJ will accept the case, the two nations need to agree they will accept the decision of the court. Before the ICJ will accept the case, the two nations need to agree they will accept the decision of the court. There is no appeal. There is no appeal. Nations have ignored ICJ rulings and there is no way for the ICJ to enforce its decision. Nations have ignored ICJ rulings and there is no way for the ICJ to enforce its decision.
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The court has two roles: hear cases between nation states and give advisory opinions on questions submitted by the GA, SC or specialized agencies. The court has two roles: hear cases between nation states and give advisory opinions on questions submitted by the GA, SC or specialized agencies. The number of cases heard by the ICJ has increased over the years. The number of cases heard by the ICJ has increased over the years. In the 1970s, the ICJ had one or two cases at a time. In the 1970s, the ICJ had one or two cases at a time. In 2004, the ICJ had 20 cases at one time. In 2004, the ICJ had 20 cases at one time.
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Currently, judges are from the following countries: Currently, judges are from the following countries: Japan Mexico Japan Mexico China United States China United States New Zealand Brazil New Zealand Brazil Slovakia Sierra Leone Slovakia Sierra Leone Germany Somalia Germany Somalia France Morocco France Morocco Russia Jordan Russia Jordan United Kingdom United Kingdom
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International Criminal Court http://www.icc-cpi.int/ It meets in The Hague, Netherlands It meets in The Hague, Netherlands Is NOT part of the UN. Is NOT part of the UN. Established through the 1998 Rome Statute adopted by 120 nations. Established through the 1998 Rome Statute adopted by 120 nations. As of 2009, 110 nations have ratified the Statute (not the US). As of 2009, 110 nations have ratified the Statute (not the US). Influenced by Nuremburg and Tokyo trials after WW II. Influenced by Nuremburg and Tokyo trials after WW II. By the International Criminal Tribunal for the former Yugoslavia and for Rwanda. By the International Criminal Tribunal for the former Yugoslavia and for Rwanda.
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The court may hear cases concerning genocide, crimes against humanity and war crimes. The court may hear cases concerning genocide, crimes against humanity and war crimes. The court accepts cases if the nations involved have ratified the Rome Statute, the accused is a national of one of the nations or the crime occurred on the territory of one of the nations. The court accepts cases if the nations involved have ratified the Rome Statute, the accused is a national of one of the nations or the crime occurred on the territory of one of the nations. The situation needs to be referred to the Court by the UN Security Council or member states. The situation needs to be referred to the Court by the UN Security Council or member states.
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There are 18 judges who divide tasks. There are 18 judges who divide tasks. Pre-trial, trial and appeals. Pre-trial, trial and appeals. Judges serve a 9-year term. Judges serve a 9-year term. 11 of the judges are women, 7 are men. 11 of the judges are women, 7 are men.
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Sources http://www.colorado.edu/conflict/peace/treatment/arbitrat.htm http://www.colorado.edu/conflict/peace/treatment/arbitrat.htm http://www.colorado.edu/conflict/peace/treatment/arbitrat.htm http://www.pca-cpa.org http://www.pca-cpa.org http://www.pca-cpa.org http://www.globalsecurity.org/military/world/naval-arms-control-1907.htm http://www.globalsecurity.org/military/world/naval-arms-control-1907.htm http://www.globalsecurity.org/military/world/naval-arms-control-1907.htm http://www.haguepeace.org/index.php?action=history&subAction=conf&selection=when http://www.haguepeace.org/index.php?action=history&subAction=conf&selection=when http://www.haguepeace.org/index.php?action=history&subAction=conf&selection=when http://www.vredespaleis.nl/default.asp?tl=1 http://www.vredespaleis.nl/default.asp?tl=1 http://www.vredespaleis.nl/default.asp?tl=1 http://www.icj-cij.org/ http://www.icj-cij.org/ http://www.icj-cij.org/ http://www.globalpolicy.org/component/content/article/163/28673.html http://www.globalpolicy.org/component/content/article/163/28673.html http://www.globalpolicy.org/component/content/article/163/28673.html http://www.etaiwannews.com/etn/news_content.php?id=782887 http://www.etaiwannews.com/etn/news_content.php?id=782887
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