The International Court and the United Nations: Reflections on the Period 1946–1954

Shabtai Rosenne

International Organization, 1955, vol. 9, issue 2, 244-256

Abstract: This article is devoted to a consideration of the role (during the period 1946–54) of the International Court of Justice within the general context of international institutions existing to facilitate the pacific settlement of international disputes. For the development of international judicial techniques, this period is dominated by a novel, and unwelcome, phenomenon, that of the non-implementation of several of the Court's decisions. In this respect the position of the Court, as a principal organ of the United Nations, is not unique, for, in all its work, the United Nations has had to face the problem of the non-implementation of the resolutions of the principal organs. In making the following observations, the possibility that a decision will be taken in 1955 to convene a General Review Conference, in accordance with Article 109, paragraph 3, of the Charter and Article 69 of the Statute is kept in mind. However, it is not our intention to put forward any specific suggestions for amending either Chapter XIV of the Charter or the Statute. Until a careful and comprehensive review has been made of the working of the provisions of the Charter relating to the Court, and of the Statute, it would be premature to do so.

Date: 1955
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