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The Permanent Court of International Justice (1922 – 1940)
The Permanent Court of International Justice was established under the Covenant of the League of Nations and became operational in 1922. The Court was the first international tribunal to enjoy general jurisdiction, and was dissolved in 1946 following the establishment of the United Nations. The International Court of Justice (1946 – present) The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, and is competent to settle disputes between States in accordance with international law. It was established under the Charter of the United Nations in June 1945 and began its work, in accordance with its Statute, in April 1946. The Court is situated in The Hague, the Netherlands. The International Tribunal for the Law of the Sea (1996 – present) The International Tribunal for the Law of the Sea is an independent permanent tribunal established by the United Nations Convention on the Law of the Sea of 1982 and is situated in Hamburg, Germany. The Tribunal is competent to solve disputes between States arising from the interpretation and application of the Convention. (See: Historic Archives) The International Criminal Tribunal for the former Yugoslavia (ICTY) (1993 – present) The International Criminal Tribunal for the former Yugoslavia is a subsidiary body of the United Nations Security Council and is located in The Hague, the Netherlands. The Tribunal was established by Security Council resolution 827 (1993), adopted on 25 May 1993. The Tribunal has jurisdiction over grave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, genocide and crimes against humanity committed on the territory of the former Yugoslavia since 1991. (See: Historic Archives) The International Criminal Tribunal for Rwanda (ICTR) (1994 – present) The International Criminal Tribunal for Rwanda is a subsidiary body of the United Nations Security Council, situated in Arusha, Tanzania. The Tribunal was established by Security Council resolution 955 (1994), adopted on 8 November 1994. The International Criminal Tribunal for Rwanda was established for the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda between 1 January 1994 and 31 December 1994. (See: Historic Archives) The United Nations Dispute Tribunal (UNDT) (2009 – present) The United Nations Dispute Tribunal was established by the UN General Assembly and became operational on 1 July 2009 (and replace the former United Nations Administrative Tribunal (UNAT) (1949 – 2009)). It is the first instance court in the new system of administration of justice. The Dispute Tribunal hears and decides cases filed by or on behalf of current and former staff members appealing administrative decisions alleged to be in non-compliance with their terms of appointment or contract of employment. The Tribunal conducts hearings, issues orders, and renders binding judgments. Both staff members and the Administration have a right to appeal the judgments of the Dispute Tribunal to the United Nations Appeals Tribunal. The United Nations Appeals Tribunal (UNAT) (2010 – present) The United Nations Appeals Tribunal (UNAT) is an appellate court established by the General Assembly to review appeals against judgments rendered by the United Nations Dispute Tribunal (UNDT). It also hears and passes judgment on appeals from decisions taken by the Standing Committee acting on behalf of the United Nations Joint Staff Pension Board (UNJSPB) and by those agencies and entities that have accepted jurisdiction of the UNAT (for names of the agencies and entities see Jurisdiction). UNAT is composed of seven judges, who normally review appeals in three-member panels. Their judgments are final and binding on the parties. Special Court for Sierra Leone (2002 – present) The Special Court for Sierra Leone is an independent court established by the Agreement between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone of 2002. The Court is mandated to try those persons who bear greatest responsibility for violations against international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996. One of the two chambers, as well as the Appeals Chamber, is located in Freetown, Sierra Leone, whereas one chamber is located in The Hague, the Netherlands. Extraordinary Chambers in the Courts of Cambodia (2005 – present) The Extraordinary Chambers in the Courts of Cambodia were established through an agreement between the United Nations and the Royal Government of Cambodia, which entered into force on 29 April 2005. The Extraordinary Chambers are composed of a majority of Cambodian judges as well as a minority of international judges, and are located in Phnom Penh, Cambodia. Their jurisdiction extends to serious crimes committed during the period of Democratic Kampuchea (1975-1979). Special Tribunal for Lebanon Pursuant to Security Council resolution 1664 of 29 March 2006, the United Nations and Lebanon negotiated an agreement on the establishment of the Special Tribunal for Lebanon. Further to Security Council resolution 1757 of 30 May 2007, the provisions of the document annexed to it and the Statute of the Special Tribunal thereto attached entered into force on 10 June 2007. The mandate of the Special Tribunal for Lebanon is to prosecute persons responsible for the attack of 14 February 2005 resulting in the death of former Prime Minister Rafiq Hariri and in the death or injury of other persons. International Criminal Court The International Criminal Court (ICC) is an independent permanent court established by the Rome Statute of the International Criminal Court of 1998. The Court is situated in The Hague, the Netherlands. The jurisdiction of the Court extends to aggression, genocide, war crimes and crimes against humanity committed by nationals of a Contracting State or within the territory of a Contracting State since 1998. The Relationship Agreement between the United Nations and the International Criminal Court, signed by the Secretary-General of the United Nations and the President of the Court on 4 October 2004, establishes a mechanism for cooperation between the two institutions. World Trade Organization Dispute Settlement Body and Appellate Body The World Trade Organization Agreement of 1994 establishes a procedure for dispute settlement between Contracting States (Annex 2 Dispute Settlement Understanding). Complaints submitted by WTO members to the Dispute Settlement Body are examined by panels which produce reports subsequently adopted by the Dispute Settlement Body. The Appellate Body was established in 1995 under article 17 of the Dispute Settlement Understanding. It is a standing body of seven persons which hears appeals from reports issued by panels in disputes brought by WTO Members. The WTO is located in Geneva, Switzerland. The relationship between the WTO and the United Nations is based on an exchange of letters between the WTO Director-General and United Nations Secretary-General which took place in October 1995. United Nations Treaty Bodies A number of international human rights treaties, adopted under the auspices of the United Nations, establish treaty bodies to monitor the implementation of the obligations established by those treaties. The exception to this is the Committee on Economic, Social and Cultural Rights which was established by the United Nations Economic and Social Council. Other than reviewing the periodic reports submitted by States parties, all the bodies perform a quasi-judicial function by periodically issuing general comments providing guidance on the implementation of the obligations existing under their respective constitutive treaties. Several such bodies are also authorised to entertain complaints submitted directly by individuals and to issue non-binding views in the cases brought to them through such procedures. The following treaty bodies are in operation:
European Court of Human Rights (1959 – present)
The European Court of Human Rights was established under the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and entered into operation in 1959. The Court is located in Strasbourg, France. Its jurisdiction extends to alleged violations of the Convention, either from State Parties or individuals within the jurisdiction of a State Party. Court of Justice of the European Communities (1952 – present) The Court was originally created in 1952 by the Treaty of Paris as the judicial body of European Coal and Steel Community. In 1957, following the establishment of the Euratom and the European Economic Community (subsequently transformed into the EC), the Court became the common judicial organ of all three European Communities. It consists of the Court of Justice, the Court of First Instance and the Civil Service Tribunal. All are located in Luxembourg. Court of Justice of the European Free Trade Agreement (EFTA Court) (1992 – present) The European Economic Area (EEA) was established in 1992 between the parties to the European Free Trade Agreement (EFTA) and the European Communities. The Court of Justice of the European Free Trade Agreement was established through the EEA Agreement of 2 May 1992, and monitors the obligations of EFTA States that have ratified the EEA Agreement (at present Iceland, Liechtenstein and Norway). The Court is located in Luxemburg. Inter-American Court of Human Rights (1980 – present) The Inter-American Court of Human Rights was established by the American Convention on Human Rights of 1969 and entered into operation in San José, Costa Rica, in 1980. The Court has jurisdiction to consider complaints by individuals against Contracting States referred to it by the Inter-American Commission on Human Rights. Central American Court of Justice (1907-1918, 1962 – present) The Central American Court of Justice was re-established in 1962 (it had previously existed from 1907-1918) under the modified Charter of the Organization of Central American States of 1962, and was restructured in 1991 by the Tegulcigalpa Protocol to the Charter of the Organization of Central American States. The Court is competent to hear cases between States (of which at least one is a member State, and the other, if not a member State, accepts the jurisdiction of the Court) as well as between member States and legal or natural persons. The Court is located in Managua, Nicaragua. Court of Justice of the Andean Community (1979 – present) The Court was established in 1979 as the Court of Justice of the Cartagena Agreement. The Trujillo Act of 10 March 1996 transformed it into the Court of Justice of the Andean Community, and its statute was later modified by the Cochabamba Protocol signed on May 28, 1996. The Court, which is located in Quito, Ecuador, has jurisdiction to consider the decisions of the Andean Council of Foreign Ministers and the Andean Community Commission, and resolutions of the General Secretariat. In addition, the Court can, on the request of the General Secretariat or another member State, consider the compliance of a member State with the legal system of the Andean Community. It may also render binding interpretations of Community law at the request of national judges litis pendente (preliminary rulings). Caribbean Court of Justice (2005 – present) The Caribbean Court of Justice is the supreme judicial organ of the Community of Caribbean States, and was established in 2001 through the Agreement Establishing the Caribbean Court of Justice. The Court is located in Port of Spain, Trinidad and Tobago. It has jurisdiction to consider the interpretation and application of the Treaty Establishing the Caribbean Community. In addition, it has an appellate function, determining appeals in both civil and criminal matters from common law courts of member States. Permanent Revision Tribunal (PRT) of MERCOSUR (2002 – present) The PRT is an arbitration tribunal established in 2002 by the Olivos Protocol for the Settlement of Disputes in MERCOSUR. It is empowered to intervene as a unique instance in a dispute or, as an appeal tribunal, to revise Ad Hoc Tribunal awards. The PRT’s jurisdiction encompasses disputes between States Parties concerning the interpretation, application or violation of the Asunción Treaty, Ouro Preto Protocol, and other agreements under the Asunción Treaty; Decisions of the Common Market Council (CMC); Resolutions of the Common Market Group (GMC); and directives of the Trade Commission of Mercosur (CCM). A further innovation of the Olivos Protocol was the grant of advisory jurisdiction to the PRT. Advisory opinions issued by the Tribunal seek to ensure correct and uniform interpretation or application of MERCOSUR rules in particular cases. Standing to request such opinions is limited to States Parties as a whole, the decision-making bodies of Mercosur, and the higher Courts of Justice of those States Parties which have in place specific procedures to access the PRT. Court of Justice of the Common Market for Eastern and Southern Africa (1994 – present) The Court of Justice of the Common Market for Eastern and Southern Africa was established by the Common Market for Southern and Eastern Africa (COMESA) Treaty of 1994, as one of the organs of COMESA. Its seat is in Khartoum, Sudan. The Court has jurisdiction to consider the application and interpretation of the COMESA Treaty in cases referred to it by individuals, States or the Secretary-General of COMESA. In addition, it can consider the compliance with the Treaty of any act, directive, decision or regulation by the Council of Ministers. African Court on Human and Peoples’ Rights/African Court of Justice The African Court on Human and Peoples’ Rights was established in 1998 under the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, which entered into force 1 January 2004. The Court has its seat in Arusha, Tanzania. Its jurisdiction extends to disputes regarding the application and interpretation of the ACHPR referred to it by States parties, the Commission or African non-governmental organizations. The African Court of Justice was established through the Protocol of the Court of Justice of the African Union, adopted by the Second Ordinary Session of the Assembly of the African Union, 11 July 2003. The Protocol has not yet entered into force. The ACJ will have jurisdiction over disputes arising from the Constituent Act of the African Union and any subsidiary legal instruments, as well as any other questions of international law (art. 19 of the ACJ Protocol). In July 2004, the Assembly of Heads of State and Government of the African Union decided to merge the two courts into one. Common Court of Justice and Arbitration of the Organization for the Harmonization of Corporate Law in Africa (1993 - present) The Common Court of Justice and Arbitration is an organ of the Organization for the Harmonization of Corporate Law in Africa established in 1993. Its seat is located in Port Louis, Mauritius. The function of the Court is to provide advice to the Council of Justice and Financial Ministers on proposed uniform laws before they are adopted by it, and to act as court of cassation, in place of national courts of cassation, on all issues concerning uniform laws. The Court also monitors and facilitates arbitrations.
Permanent Court of Arbitration (PCA) (1899 – present)
The Permanent Court of Arbitration (PCA) is an intergovernmental organization established by the Convention for the Pacific Settlement of Disputes of 29 July 1899 as revised at the second Hague Peace Conference of 1907, and is located in The Hague, the Netherlands. The PCA is competent to resolve disputes between States, State entities, intergovernmental organizations and private parties. International Centre for Settlement of Investment Disputes (ICSID) (1966 – present) The International Centre for Settlement of Investment Disputes is an autonomous international institution established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965. It was created by the Convention as an impartial international forum providing facilities for the resolution of legal disputes relating to investment treaties and laws, through conciliation or arbitration procedures. The Centre's headquarters are located in Washington, D.C. Dispute settlement procedures established by the North American Free Trade Agreement (1992 – present) The North American Free Trade Area was established in 1992 by the North American Free Trade Agreement (NAFTA). The Agreement provides for different types of dispute settlement processes for four different areas; general dispute settlement, anti-dumping and countervailing duties, financial services and investment disputes. Other entities providing dispute settlement facilities for international legal disputes between private parties:
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The jurisprudence of courts and tribunals is a further source of international law. The modern era has seen the establishment of a significant number of international courts, tribunals and other quasi-judicial international mechanisms, most of which maintain extensive websites providing a broad range of information on their activities, as well as full-text electronic versions of judgments, advisory opinions etc.