make a critical commentary on:
b) Articles 38 and 36(2) of the Statute of the International Court of Justice.
Articles 38 and 36(2) of the Statute of the International Court of Justice play a crucial role in shaping the jurisdiction and procedures of the ICJ. Article 38 outlines the sources of law that the Court will apply in resolving disputes, including international conventions, international custom, general principles of law recognized by civilized nations, and judicial decisions and teachings of the most highly qualified publicists of the various nations. This broad and inclusive approach allows the Court to draw from a wide range of legal sources in order to reach fair and just decisions.
Article 36(2), on the other hand, deals with the compulsory jurisdiction of the Court, stating that states parties to the Statute may declare their acceptance of the Court's jurisdiction in advance. This serves to enhance the Court's authority and effectiveness in resolving international disputes, as it provides a mechanism for states to voluntarily submit to the Court's jurisdiction and abide by its decisions.
However, these articles are not without criticism. The reliance on sources such as judicial decisions and teachings of publicists may raise concerns about the subjective interpretation and application of law by the Court. Additionally, the voluntary nature of accepting the Court's jurisdiction under Article 36(2) may limit the Court's ability to address certain disputes that arise between states who do not consent to its jurisdiction.
Overall, while Articles 38 and 36(2) of the Statute of the International Court of Justice serve as important pillars of the Court's framework, they also present challenges that may impact the Court's effectiveness in delivering impartial and enforceable judgments.