Courts For Disputes Between States: Institution Charter Status Jurisdiction

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Courts for Disputes between States

Institution Charter Status Jurisdiction


International Court of United Nations Charter Active (1945 – present) Criminal Jurisdiction that is not
Justice (Chapter XIV) exercised by any other
international judicial Body
Can be:
Contentious Jurisdiction
Advisory Jurisdiction
International Tribunal for the United Nations Convention on Active “[Any] dispute concerning the
Law of the Sea the Law of the Seas (UNCLOS (10 December 1982, adopted) interpretation or application of
Annex VI) (November 16, 1994, in force the Convention, and over all
up to present) matters specifically provided
for in any other agreement
which confers jurisdiction on
the Tribunal.” (UNCLOS,
Annex VI, Article 21)
World Trade Organization – Understanding on Rules and Active (1995 – present) “[S]hall apply to disputes
Appellate Body Procedures Governing the brought pursuant to the
Settlement of Disputes (Art. consultation and dispute
17) settlement provisions of the
following: (1) Multilateral
Agreements on Trade in
Goods; (2) General
Agreement on Trade in
Services; and (3) Agreement
on Trade-Related Aspects of
Intellectual Property Rights”
Human Rights Courts
Institution Charter Status Jurisdiction
European Court of Human Convention for the Protection Active (1959 – present) Rules on individual or State
Rights of Human Rights and applications alleging violations
Fundamental Freedoms of the civil and political rights
(European Convention on set out in the European
Human Rights) Convention on Human Rights.
Inter-American Court of American Convention on Active (1979 – present) Violations of human rights in
Human Rights Human Rights 1979 – first hearing held the American Region
2009 – new Rules of
Procedure
African Court on Human and Article 1 of the Protocol to the Active (2004 – present) Violations of human rights in
People’s Rights African Charter on Human and the Protocol was adopted on the African Union
Peoples’ Rights on the 1998 and came in to force on
Establishment of an African 2004.
Court on Human and Peoples’
Rights (the Protocol)
Courts of Regional Economic and/or Political Integration Agreements
Institution Charter Status Jurisdiction
Andean Tribunal of Justice Andean Subregional Active (1969 – present) Subregional
Integration Agreement Adjudication/Resolution of
(Cartagena Agreement) disputes between treaty-
parties
Southern Common Market Treaty of Asuncion (1991) and Active (1994 – present) Trade Agreements and
(Mercosur) Protocol of Ouero Puerto Enforcement of Treaty of
(1994) Asuncion
International Criminal Courts and Tribunals
International Court of United Nations Charter Active (1945 – present) Criminal Jurisdiction that is not
Justice (Chapter XIV) exercised by any other
international judicial Body
Can be:
Contentious Jurisdiction
Advisory Jurisdiction
International Criminal Court Rome Statute Active (2002 – present) Permanent jurisdiction over
Crimes of Genocide, Crimes
Against Humanity, War
Crimes, and Crimes of
Aggression
Ad Hoc Criminal Tribunals Statute of the Specific Active (depending on the Jurisdiction over Crimes of
Tribunals (eg. Statute of the period as provided for in the Genocide, Crimes Against
International Criminal Tribunal enabling Statute) Humanity, War Crimes, and
– Rwanda) Crimes of Aggression in
certain circumstances

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