Volume 15 - Legal Innovation                   MLJ 2021, 15 - Legal Innovation: 1-18 | Back to browse issues page

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Ghahremani Manamen M, Ziaee S Y. The Nature and Characteristic of Legal Dispute in the Procedure of the International Court of Justice. MLJ. 2021; 15 :1-18
URL: http://ijmedicallaw.ir/article-1-1356-en.html
1- Department of Law, Qom Branch, Islamic Azad University, Qom, Iran
2- Public International Law, Faculty of Law, Qom University, Qom, Iran
Abstract:  
Background and Aim: The jurisdiction of the International Courts, including the International Court of Justice, to enforce regulations on the peaceful settlement of disputes, through existing definitions, necessitates the existence of a dispute. Identifying a "legal dispute" does not depend solely on the subject matter of the litigation submitted to the court, nor does it rely solely on the subjective purpose of the States concerned, but rather on a purely technical process involving both the court and the parties to the dispute.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: The standard purpose of a dispute, whether with the former or the new approach of the Court, is to protect the judicial performance of the Court. Determining whether there is a difference in the Court's transferable function, as noted in the Northern Cameroon case. Arguments made to deny the existence of a dispute, or in particular a legal dispute, have seldom been accepted. Therefore, objecting to jurisdiction based on the refusal of a dispute between the plaintiffs is not a promising and successful policy.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Looking at the Court's previous approach in some of the cases under consideration, the Court as to establish a dispute has rendered flexible and expansive interpretation, so that it has not even acted strictly in the application of formalities and procedure as well as to refer to real and material sources of the legal system. However, the new procedure is based on the method of establishing a dispute based on objective proof of the dispute.

Cite this article as: Ghahremani Manamen M, Ziaee SY. The Nature and Characteristic of Legal Dispute in the Procedure of the International Court of Justice. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/02/21 | Accepted: 2021/07/1

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