The Permanent Court Of International Justice

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Recommended: Role of the United Nations

One of the purposes of the United Nations is to “bring about by peaceful means and in conformity with the principles of justice and International Law, adjustment or settlement of International dispute or situations which might lead to a breach of the peace.”
The idea to create World Court for the international community gets a way through atmosphere engendered by the Hague Conference of 1897 and 1907. The acceptance of definition of Arbitration in article 37 of the 1907 Hague Convention helps in establishment of Permanent court of Arbitration because it was presumed somewhere that International arbitration was held to be the most effective and equitable manner of dispute settlement, where diplomacy had failed. After the conclusion of First World War the Covenant of the League of Nations called for the formulation of World Court and in 1920 the Permanent Court of International Justice (PCIJ) was created. PCIJ created with intention to provide reasonable comprehensive framework for easily accessible methods of dispute settlement for serving the international community.
Unfortunately after the dissolution of World War II PCIJ was superseded by the International Court of Justice (ICJ), gain power from the article 92 of the Charter as the ‘principle judicial organ’ of the United Nation. Moreover ICJ is continuation of the Permanent Court, with virtually same statutes and jurisdiction.
The Court is composed of fifteen judges of different nationalities, who are elected by the General Assembly and the Security Council. The Court has a dual role: to settle in accordance with international law the legal disputes submitted to behalf of States, and to provide advisory opinions on legal questions presented to it by duly authorized internat...

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...asures taken by Canada with respect to vessels fishing in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area.” And finally it is concluded that ICJ lacks jurisdiction and therefore could not proceed with the case.
(b.) Advisory Jurisdiction
According to Article 65 of International Court of Justice court is empowered to give advisory opinion on any legal query or question. All the International Organisation with due permission of General assembly can seek opinion from the court on any legal question within the scope of the activities requesting organisation. In WHO Opinion case the same guidelines were conferred but it is also held by the court that ICJ again lacks jurisdiction because none of the WHO function provided in Article 2 of the WHO constitution has appropriate connection with the question arise within its scope of the activities.

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