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on the merits of the case – по суті справи
claim – вимога, позов, претензія
respondent – відповідач

Task 5. Read and translate the text, write down all the unknown words.

The International Court of Justice
The International Court of Justice was established in 1945 by the UN Charter as the principal judicial
organ of the United Nations. It is based in the Peace Palace in the Hague, the Netherlands. Its main functions
are to settle legal disputes submitted to it by states and to give advisory opinions on legal questions
submitted to it by duly authorized international organs, agencies, and the UN General Assembly.
The ICJ is composed of 15 judges elected to 9 year terms by the UN General Assembly and the UN
Security and may be re-elected for up to two further terms. No two may be nationals of the same country.
All judges should be "elected regardless of their nationality among persons of high moral character", who
are either qualified for the highest judicial office in their home states or known as lawyers with sufficient
competence in international law. Decisions and Advisory Opinions are by majority and, in the event of an
equal division; the President's vote becomes decisive. Generally, the Court sits as full bench, but it is
allowed under the statute to form smaller chambers, usually 3 or 5 judges, to hear cases. Members of the
Court are independent judges and they exercise their powers impartially and conscientiously.
As stated in the UN Charter, all 192 UN members are automatically parties to the Court's statute. The
issue of jurisdiction is considered in the two types of ICJ cases: contentious issues and advisory opinions.
In contentious cases (adversarial proceedings seeking to settle a dispute), the ICJ produces a binding
ruling between states that agree to submit to the ruling of the court. Only states may be parties in contentious
cases. The key principle is that the ICJ has jurisdiction only on the basis of consent.
An advisory opinion is a function of the Court open only to specified United Nations bodies and
agencies. Advisory Opinions were intended as a means by which UN agencies could seek the Court's help in
deciding complex legal issues that might fall under their respective mandates.
The duty of all UN members is to comply with decisions of the Court involving them. If one of the
parties fails to heed a judgment of the ICJ the other party may call upon the Security Council to determine
measures to be taken against it.
When deciding cases, the Court applies international law i.e international conventions, international
custom, and the "general principles of law recognized by civilized nations". If the parties agree, they may
also grant the Court the liberty to decide ex aequo et bono ("in justice and fairness"), granting the ICJ the
freedom to make an equitable decision based on what is fair under the circumstances.
Court procedure is set out in Rules of Court of the International Court of Justice. Cases before the ICJ
will follow a standard pattern. The case is lodged by the applicant who files a written memorial setting out
the basis of the Court's jurisdiction and the merits of its claim. The respondent may accept the Court's
jurisdiction and file its own memorial on the merits of the case. Once all written arguments are filed, the
Court will hold a public hearing on the merits.

Task 6. Read the text with the proper pronunciation of the words and intonation. Remember that your
reading time is not more than 3 minutes.

Task 7. Answer the following questions.
1. When was the International Court of Justice established?
2. Where is it based?
3. What are its main functions?
4. How many judges is the ICJ elected?
5. How are the decisions made?
6. How many judges usually sit as full bench?
7. What countries can be parties of the ICJ?
8. What types of cases is jurisdiction of the ICJ considered in?
9. How do you understand the term “contentious issues”?
10. For what purpose were the advisory opinions intended?
11. What procedure can be applied if one of the parties fails to heed a judgment of the ICJ?
12. What kind of law does the Court apply when deciding the cases?
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