International Organisation Case Comment – Legalit

INTERNATIONAL ORGANISATION CASE COMMENT LEGALITY OF THE little terror OR USE OF NUCLEAR WEAPONS The informative Opinion bring throughed endure in 1996 has had tremendous impact on International police force as strong as on the law of planetary organisations. The episode on the profoundity of the threat or use of atomic weapons ranks high on the list of policy-makingly sensitive and problematic cases decided by the International Court of Justice (ICJ). Delivered on the take of General Assembly (GA) and particularly on the demand of smaller non-nuclear nations disillusi stard with the slow development of nuclear nonproliferation treaties and nuclear disarmament, the Opinion sheds light on the inner iron back between the GA and the Security Council (SC), as well on the struggle between judicial and political matter. face up with threefold challenges to its jurisdiction and discretion in deciding whether or not to delivering opinions, the ICJ has decided that , despite businesss presented to the contrary, it does have jurisdiction to deliver opinions on the request of the GA.

Despite the fact that such decision felt intuitively inevitable (the GA being one of the twain principle organs of the UN) and despite the relatively artless and elementary argument presented by the ICJ (based on Article 96, dissever 1 of the UN Charter), such judgement had far reaching political consequences. Upon conclusion that the GA can indeed ask the ICJ for an Advisory Opinion, the argument presented by almost of the nuclear states claiming that the top dog referred was beyond the GAs competence was easy to rebut. The argument presented by some of the countries opposite to ICJ delivering an Opin! ion, regarding the supposedly political nature of the referred question seems to me to be nothing more than a desperate attack to hold open ICJ from delivering a legal opinion on a legal matter and should have been deemed unworthy of ICJs attention. Argument as to the form and content of the question referred...If you demand to get a full essay, order it on our website: OrderEssay.net

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