Evaluation of Jurisdiction of International Court of Justice on the Basis of Consent
Introduction The ICJ (International Court of Justice) is the principal judicial organ of the United Nations. ICJ was established to help materialize the fundamental objectives of the UN, i.e., maintenance of peace and a stable world order. It is the only international court that has a universal character of general jurisdiction on all kinds of legal disputes between members of the United Nations. ICJ is the continuation of PCIJ. PCIJ held in the advisory opinion on the Status of Eastern Carelia (1923) that no State can, without its consent, be compelled to submit its disputes to any other kind of pacific settlement. This is called “principle of consent”. Consent is the fundamental difference between the international and domestic legal order. The Court has a dual jurisdiction i.e. jurisdiction in contentious cases and advisory jurisdiction. This paper specifically discusses on contentious cases. Jurisdiction of ICJ on the basis...