List of Articles International Court of Justice

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  1 - Necessity and Possibility of Judicial Supervision over Security Council’s Performance in UN Legal System
  حسین شریفی طرازکوهی ساسان  مدرس سبزواری
  The issue of judicial supervision over the Security Council has two different, but interrelated aspects. First of all, the “necessity” of such supervision should be discussed. The present article assumes that the Security Council should be committed to the principles of More

  The issue of judicial supervision over the Security Council has two different, but interrelated aspects. First of all, the “necessity” of such supervision should be discussed. The present article assumes that the Security Council should be committed to the principles of international law, the goals of the United Nations, sovereign rights of member states, fundamental human rights guarantees, as well as the basic structure for the division of powers among various organs of the UN. Then it studies the Security Council’s procedure to show that this institution has been frequently found in violation of the aforesaid legal bounds. Security Council’s inattention to the limits of its powers can cast doubts on credibility of the entire UN system. It has been also shown that the “necessity” of judicial supervision can be proven on the basis of the requirements of the “rule of law.” Another aspect of this issue is the “possibility” of judicial supervision in view of the current state of international law. The present paper has shown that although the Charter of the United Nations has remained silent on this issue, it can be confirmed if final goals of this document are taken as basis for its interpretation. Manuscript profile
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  2 - Primacy in Relation Between the International Court of Justice and UN Security Council
  همایون  مافی وحید بذّار
  Undoubtedly, United Nations is the most effective international organization that has played the most important role in relations between states and thus has acquired considerable prestige among the main subjects of international law (States). Security Council as the po More

  Undoubtedly, United Nations is the most effective international organization that has played the most important role in relations between states and thus has acquired considerable prestige among the main subjects of international law (States). Security Council as the political body and International Court of Justice as the judicial body of the organization, have had an important role in achieving this prestige. However, the relationship between the two organs has been always discussed in various fields because of the silence of the UN Charter. By considering of subjects such the possibility of simultaneously raising an issue in the Court and Security Council, the possibility of handling of political issues in the Court and handling of legal issues in Security Council, the possibility of creation of jurisdiction for the Court by Security Council, and the possibility of judicial supervision of the Court on the Council, this article endeavored to response to the main challenge which are there precedence interrelation those? Manuscript profile