RNATIONAL DISPUTES

77LEME MENT
OF 717
The International Court of Justice is situated at Hague having a permanent
istry and renders Judicial service. Arbitration Courts being temporary have
no permanent seat.

a Proceedings of International Court of Justice are public and its proceedings

aments, etc., are published. The judgments of Arbitration Courts are more
oroperly known as awards and may or may not be published depending upon
the agreement between the parties to dispute.

T h e International Court is open to all States. But its jurisdiction depends upon
the consent of States. Arbitration is also a consensual procedure but it is
consensual to the extent that consent is necessary even for the
establishment of the court. Arbitration Court is available to States as weil as
individual and other legal persons.
in
(5) Disputes submitted to International Court of Justice are decided of
accordance with international law and the Court applies sources
and
international law as enumerated in Article 38 of the Statute of the Court
The Court has also the to decide a
also in the order as given therein. power
thereto. The Arbitration Court also
case ex bono if the
ecquo et parties agree
settles differences between parties the basis of respect of law. But strict
on
insisted in an arbitral procedure. In
application of law is neither required nor
law in order to resolve
practice often arbitrators waive a strict application of
the dispute.21
so that it
lnternational Court of Justice is elected in such a way
(6) The and of the principal legal systems of
represents "the main forms of civilization the
the world."
22
The constitution of the arbitration court depends upon
therefore it can never be as
consent of the parties to the dispute and
representative as the International Court of Justice.
its
has developed a consistent practice in
(7) The International Court of Justice to the development of lnternational law.
proceeding and has contributed
Arbitration Courts have also developed
certain practices in its proceedings
often not regarded as legal decisions
but their decisions or awards are
confuse law
mixture of law and politics. They
because they are generally the
both parties.
with a diplomatic solution at pleasing
of prominence under the U. N. Charter
(8) Judicial settlement is given a place the Principal Judicial Organ of the
United
International Court of Justice is one of the pacific
arbitration as
Nations.23 The U. N. Charter recognises
but it has not been given that prominent
methods of settlement of disputes,2" Justice. Article 36
role which has been given to
the International Court of
under this Aticle the
in making recommendations
Specificaly provides that consideration that legal disputes
as a
Council should also take into in
Security International Court of Justice
the parties to the
general rule be referred by Court.25 There is no
accordance with the provisions
of the Statute of the
in of arbitration.
parallel provision in the Charter respect
is an integral part of the
The Statute of the International Court of Justice
(9) 192 members States at
Since the U. N. is an Organisation (have
Charter. 2 the International Court and
which has attained nearly universality,
present) from being linked to the Charter.
Judicial settlement has gained immensely
Arbitration finds mention in the Charter.
simply
110 and the North
Court Reports, Ist series (1916), p.
e Atlantic
e Coast example, the Casablanca case, Hague
for Fisheries case, Ibid, p. 141.
Justice.
.Article 9 of Statute of International Court of
the
C. Article 92 of the U. N. Charter.
24. See Article 33 of the Charter.
25. Article 36,
26. Article 92.
paragraph 3.