The Role and Record of the International Court of Justice

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Martinus Nijhoff Publishers, Nov 16, 1989 - Political Science - 443 pages
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Since its birth with the creation of the international Red Cross in 1863, international humanitarian assistance has developed considerably since World War II. In accordance with the Red Cross principle of humanity, it aims at preventing & alleviating human suffering wherever it may be found, protecting life & health & ensuring respect for the human being. International humanitarian assistance involves a complex network of government agencies, intergovernmental & non-governmental organizations, & individual volunteers: it has been labelled a 'non-system'. While governments & intergovernmental organizations play a dominant & structured role in this field, the non-governmental organizations & their volunteers have proved to be their necessary operational partners, providing material, medical & moral relief & care wherever it may be needed, beyond borders, at the grassroots level. Following a brief review of recent humanitarian activities of intergovernmental organizations, & an analysis of current trends of voluntarism, this book focuses on the role, status & attitudes of the major humanitarian non-governmental organizations, including the Red Cross organizations, the British charities, Church-related agencies, medical volunteers (such as the 'French Doctors') & U.N. volunteers. Should humanitarian non-governmental organizations provide relief assistance with the Red Cross concern for discretion, neutrality & impartiality? Or should they bear witness & denounce publicly human rights violations, at the risk of being expelled from recipient countries & having to stop their assistance? The controversial claim of a 'right' to receive & a 'duty' to provide humanitarian assistance beyond borders is also addressed, as well as the possible need for a status to be accorded to international volunteers.
 

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the quotation of one UN document in p40
If two member states are at variance concerning the correct interpretation of the Charter, they are of course free to submit the dispute to the international
Court of Justice as in the case of any other treaty. Similarly, it would always be open to the General Assembly or the Security Council, in appropriate circumstances, to ask the international Court of Ju stice for an advisory opinion concerning the meaning of a provision of the Charter. Should the General Assembly or the Security Council prefer another course, an ad hoc committee of jurists might be set up to examine the question and report its views, or recourse might be had to a jo int conference. In brief, the members or the organs of the organization might have recourse to various expedients in order to obtain an appropriate interpretation. It would appear neither n ecessary nor desirable to list or to describe in the Charter the various possible expedients. 

Contents

INTRODUCTION
1
THE UNITED NATIONS AND THE COURT
37
The Court in the Society of Nations
76
INTERNATIONAL PEACE AND THE COURT
83
DEVELOPMENT OF INTERNATIONAL LAW
137
THE COURTS INTEGRITY AND
173
CONCLUSION THE COURTS ACHIEVEMENTS
213
ANNEXES
273
LIST OF CASES CITED
275
STATEMENTS CONCERNING THE COURT BY ITS PRESI
287
Address of President Sir Muhammad Zafrulla Khan at the special
297
Speech of President T O Elias welcoming the President of the French
309
Address of President Nagendra Singh at a special sitting of the Court
318
Speeches on ceremonial occasions during the Presidency of Judge
326
Relevant Information about the Court and its Functioning
345
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