A Change of Guard

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Thursday 9 June 2011

The International Court of Justice and its judicial decisions

If we look at the International Court of Justice (ICJ),The Court decides in accordance with international treaties and conventions in force, international custom, and the general principles of law and, as subsidiary means, judicial decisions and the teachings of the most highly qualified publicists.

The Court Generally has been most successful resolving border delineation and the use of oceans and waterways. While the Court has, in some instances, resolved claims by one State espoused on behalf of its nationals, the Court has generally refrained from hearing contentious cases that are political in nature, due in part to its lack of enforcement mechanism and its lack of compulsory jurisdiction.

The UN Charter XIV, Article 94 of the UN Charter, there are some obvious problems; if the judgment is against one of the five permanent members of the Security Council or its allies, any resolution on enforcement would then be vetoed.

The Court's powers in practice, have been limited by the unwillingness of the losing party to abide by the Court's ruling, and by the Security Council's unwillingness to impose consequences. Simply, the ICJ does not enjoy a full separation of force, with permanent members of the Security Council being able to veto enforcement of even cases to which they consented in advance to be bound.

Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to determine the existence of any threat to the peace, breach of the peace, or act of aggression, and to take military and non-military action to restore international peace and security.

4 comments:

Anonymous said...

Khmerization scare the hell Thailand out before the Khmerization posting the article of (Thailand risks violating the U.N. Charter, article 94(2),& if it defies the ICJ ruling and THE UN RESOLUTION 242: The Acquisition of Territory Captured in a War) Thailand very defied and now Thailand sing the difference tune act like the world abiding citizen Khmerization contributed a lot to Cambodia most of main stream channel they don't know how and the politician don't have any ideas how to confront Thailand Cambodian politician only good at fighting at each others and killing each others they don't how to push the right button that scare the hell Thailand out.

I think Thailand is monitor Khmerization every articles.

The only downside for Khmerization do not set foot in Thailand.

Anonymous said...

Khmer in this century differences from Khmer in the last century Khmer in last century Khmer were too honest Khmer in this century technically can outgun Thai in every fields.

Anonymous said...

Yes, I agree, Thai journalists and politicans monitor and read Khmerization. I've seen a few articles wrote by Khmerization appears in Bangkok Post and The Nation. Sometimes I head Thai leaders say something similar to Khmerization after Khmerization had published articles related to the issues.

Anonymous said...

Coq ki ri ku dil du !

Coq ki ri ku dil du !

ករណី មាន់គក ចំអើតទ្រូងថាព្រះ
អាទិត្យរះដោយសារតែខ្លួន!