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International Court Of Justice

Cases are brought before the court either by the notification to it of a special agreement concluded by the parties or by the unilateral action of one of them through a written appeal to the registrar. Its proceedings are in two parts, written and oral. The Court may also hear witnesses and appoint commissions of experts to make investigations and reports when necessary. These procedures were used in the Corfu Channel, Temple of Preah Vihear and in South West Africa(1966). The deliberation of the court are held in private, but the judgements, which are by majority vote, are read in open court. In the case of a tie, the President may cast a deciding vote; this was done in the South West Africa Case where a 7-7 vote was cast. Any judge may file a separate opinion if he does not agree in whole or part with the judgement. The decision of the court is final and without appeal. Although the ICJ has no enforcement powers, Article 94 of the Charter incorporates an undertaking on the part of each member of the UN "to comply with the decision of the ... court...in any case to which it is a party" and a further provision that: IF any party to a case fails to perform the obligations incumbent upon it under a judgement rendered by the court, the other party may have recourse to the Security Council, which may, if it deem necessary, make recommendations or decide upon measures to be taken to give effect to the judgement. The court is authorised by Article 65 of the Statute to give advisory opinions on any legal questions at the request of whatever body may be authorised by or in accordance with the UN Charter to make such a request. Article 96 of the Charter provides that such opinions may be requested by the General Assembly or the SC and by other organs of the UN and specialized agencies, when authorised by the GA. Such requests must be made by means of a written request containing an ...

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