Browsing by Author "Enoch, Ibe Uchenna"

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    RETHINKING THE STATUS AND JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE
    (Department of Public and International Law, Nasarawa State University, Keffi, 2020-04-04) Enoch, Ibe Uchenna
    The International Court of Justice was primarily established as a judicial organ of the United Nations under the United Nations Charter and the Statute of ICJ of 1945. The World Court was well conceived but recent developments and ever evolving international concerns in the resolution of international disputes have revealed certain lapses, weaknesses and bottlenecks which tend to undermine the influence of the World Court. The unfettered powers of the UN Security Council, the principle of equality and sovereignty ofstates, the determination of what constitutes an international dispute, the mode of resolution of such international disputes, the discretion of states to submit to other fora of international disputes other than the ICJ, the unresolved issue of international legal personality of non-state actors and many more pose serious and challenging threats to the well-conceived concept and establishment of the ICJ as the recognised judicial organ of the United Nations. This work adopted a doctrinal approach consisting in qualitative analysis of data collected from case laws, legislations, library materials and internet sources. This work provided background to the concept of the world court, conceptual framework on which the world court is established. The work also provided history of the World Court beginning from the creation of the Permanent Court of International Justice (PCIJ) under the League of Nations which was later replaced by the International Court of Justice (ICJ) under the United Nations Charter and the Statute of ICJ of1945. This work enumerated and illustrated the composition, election of judges and jurisdiction of the ICJ. It was argued in this work that the current jurisdiction and status of the ICJ as the judicial organ of the UN may be losing its importance of being a judicial forum for the resolution of international disputes if some of the challenges outlined in this work are not resolved and amended to give the ICJ an expanded jurisdiction and status. Thus, the writer made some recommendations to boost the status and jurisdiction of the ICJ in the resolution of international disputes.