Section 48p. 48

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

2. If the Court includes upon the Bench a judge of the

nationality of one of the parties, any other party may

choose a person to sit as judge. Such person shall be

chosen preferably from among those persons who have

been nominated as candidates as provided in Articles 4

and 5.

3. If the Court includes upon the Bench no judge of the

nationality of the parties, each of these parties may

proceed to choose a judge as provided in paragraph 2 of

this Article.

4. The provisions of this Article shall apply to the case of

Articles 26 and 29. In such cases, the President shall

request one or, if necessary, two of the members of the

Court forming the chamber to give place to the members

of the Court of the nationality of the parties concerned,

and, failing such, or if they are unable to be present, to the

judges specially chosen by the parties.

5. Should there be several parties in the same interest,

they shall, for the purpose of the preceding provisions, be

reckoned as one party only. Any doubt upon this point

shall be settled by the decision of the Court.

6. Judges chosen as laid down in paragraphs 2, 3, and 4 of

this Article shall fulfill the conditions required by Articles

2, 17 (paragraph 2), 20, and 24 of the present Statute. They

shall take part in the decision on terms of complete

equality with their colleagues.

Article 32

1. Each member of the Court shall receive an annual

salary.

2. The President shall receive a special annual allowance.

3. The Vice-President shall receive a special allowance for

every day on which he acts as President.

4.

The

judges

chosen

under

Article

31,

other than

members of the Court, shall receive compensation for

each day on which they exercise their functions.

5. These salaries, allowances, and compensation shall be

fixed

by

the

General

Assembly.

They

may

not

be

decreased during the term of office.

6. The salary of the Registrar shall be fixed by the General

Assembly on the proposal of the Court.

7. Regulations made by the General Assembly shall fix the

conditions under which retirement pensions may be

given to members of the Court and to the Registrar, and

the conditions under which members of the Court and

the

Registrar

shall

have

their

travelling

expenses

refunded.

8. The above salaries, allowances, and compensation shall

be free of all taxation.

Article 33

The expenses of the Court shall be borne by the United

Nations in such a manner as shall be decided by the

General Assembly.

CHAPTER II COMPETENCE OF THE COURT

Article 34

1. Only states may be parties in cases before the Court.

2. The Court, subject to and in conformity with its Rules,

may

request

of

public

international

organizations

information relevant to cases before it, and shall receive

such information presented by such organizations on

their own initiative.

3.

Whenever

the

construction

of

the

constituent

instrument of a public international organization or of an

international

convention

adopted

thereunder

is

in

question in a case before the Court, the Registrar shall so

notify the public international organization concerned

and shall communicate to it copies of all the written

proceedings.

Article 35

1. The Court shall be open to the states parties to the

present Statute.

2. The conditions under which the Court shall be open to

other

states

shall,

subject

to

the

special

provisions

contained in treaties in force, be laid down by the Security

Council, but in no case shall such conditions place the

parties in a position of inequality before the Court.

3. When a state which is not a Member of the United

Nations is a party to a case, the Court shall fix the amount

which that party is to contribute towards the expenses of

the Court. This provision shall not apply if such state is

bearing a share of the expenses of the Court

Article 36

1. The jurisdiction of the Court comprises all cases which

the parties refer to it and all matters specially provided for

in the Charter of the United Nations or in treaties and

conventions in force.

2. The states parties to the present Statute may at any

time declare that they recognize as compulsory ipso facto

and without special agreement, in relation to any other

state accepting the same obligation, the jurisdiction of

the Court in all legal disputes concerning:

1.

the interpretation of a treaty;

2.

any question of international law;

3.

the existence of any fact which, if established,

would constitute a breach of an international

obligation;

4.

the nature or extent of the reparation to be made

for the breach of an international obligation.

3. The declarations referred to above may be made

unconditionally or on condition of reciprocity on the part

of several or certain states, or for a certain time.

4.

Such

declarations

shall

be

deposited

with

the

Secretary-General

of

the

United

Nations,

who

shall

transmit copies thereof to the parties to the Statute and

to the Registrar of the Court.

5. Declarations made under Article 36 of the Statute of

the Permanent Court of International Justice and which

are still in force shall be deemed, as between the parties

to

the

present

Statute,

to

be

acceptances

of

the

compulsory jurisdiction of the International Court of

Justice for the period which they still have to run and in

accordance with their terms.

6. In the event of a dispute as to whether the Court has

jurisdiction, the matter shall be settled by the decision of

the Court.

Article 37

Whenever a treaty or convention in force provides for

reference of a matter to a tribunal to have been instituted

by the League of Nations, or to the Permanent Court of

International Justice, the matter shall, as between the

parties

to

the

present

Statute,

be

referred

to

the

International Court of Justice.

Article 38

1. The Court, whose function is to decide in accordance

with international law such disputes as are submitted to

it, shall apply:

1.

international conventions, whether general or

particular, establishing rules expressly recognized

by the contesting states;

2.

international custom, as evidence of a general

practice accepted as law;

3.

the

general

principles

of

law

recognized

by

civilized nations;

4.

subject to the provisions of Article 59, judicial

decisions and the teachings of the most highly

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