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International Judges The Legal Neutrality Term Paper

In these instances, a state might claim that the international community has acted beyond its jurisdiction as limited in Article 38 by allowing some action. Such an action is exemplified by the dispute between the NATO and Yugoslavia regarding ethnic cleansing in Kosovo. Here, Yugoslavia filed an application for proceedings through the ICJ against the United States for its use of force in Kosovo, invoking Article 38. Accordingly, the ICJ reports that "as to Article 38, paragraph 5, of the Rules of Court, it provides that when a State files an application against another State which has not accepted the jurisdiction of the Court, the application is transmitted to that other State, but no action is taken in the proceedings unless and until that State has accepted the Court's jurisdiction for the purposes of the case." (ICJ, p. 1) the ICJ rejected this application on the grounds that it lacked the jurisdiction to intervene between two states, even without Yugoslavia's party to the terms of the ICJ and its grievance against the United States. Works Cited:

Ford, C.A. (1995). Judicial Discretion in International Jurisprudence: Article 38(1)(C) and General Principles of Law. Duke Journal Companion & International Law.

Online at https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=5+Duke+J.+Comp.+%26+Int%27l+L.+35&srctype=smi&srcid=3B15&key=54b253f6826d9754f32690ee8bb386fc

International Court of Justice (ICJ). (1999). Legality of Use of Force (Yugloslavia v. United States of America). International Court of Justice.org.

Online at http://www.icj-cij.org/docket/index.php?pr=366&p1=3&p2=3&p3=6&k=ed&PHPSESSID=137e6b049d3288ebe37e63211bf47f72&case=112&PHPSESSID=137e6b049d3288ebe37e63211bf47f72&lang=en&PHPSESSID=137e6b049d3288ebe37e63211bf47f72

(2003). Oil Platforms Case. Docstoc.com.
Online at http://www.icj-cij.org/docket/index.php?pr=216&p1=3&p2=1&case=90&p3=6&search=%22%22Iran+and+United+States%22%22

Law Library (LL). (2007). International & Foreign Legal Research: Researching Customary International Law and Generally Recognized Principles. University of California-Berkeley.

Online at http://www.law.berkeley.edu/library/classes/iflr/customary.html

Muller, S.; Raic, D. & Thuranszky, J.M. (1997). The International Court of Justice. Martinus Nijhoff Publishers.

Online at http://books.google.com/books?id=JUVqtrXjD7cC&printsec=frontcover&dq=muller+the+International+Court+of+Justice&source=bl&ots=EU-PTzPXP6&sig=JRdY8TLDUDX3_Bim6rZ2CTNIrRA&hl=en&ei=B5IkTfC2MMTflgfF5YjYAQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CBMQ6AEwAA#v=onepage&q&f=false

Palmeter, D. & Mavroidis, P.C. (1998). The WTO Legal System: Sources of Law. The American Journal of International Law.

Online at http://books.google.com/books?id=TkW0I_sthHsC&pg=PA215&lpg=PA215&dq=palmeter+the+WTO+Legal+System:++Sources+of+Law&source=bl&ots=Ekdnv1cG7I&sig=5vLFKzcHmbYNFuZcYQFHbS5qWes&hl=en&ei=JZIkTeCdJ4X7lwf47Ji6AQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CBMQ6AEwAA#v=onepage&q&f=false

Perkins, S.C. (1996). International Human Rights Law and Article 38(1) of the Statute of the International Court of Justice. Institute on Public International Law of the American Association of Law Libraries.

Online at http://intelligent-internet.info/law/icjart.html

Sources used in this document:
Online at http://books.google.com/books?id=TkW0I_sthHsC&pg=PA215&lpg=PA215&dq=palmeter+the+WTO+Legal+System:++Sources+of+Law&source=bl&ots=Ekdnv1cG7I&sig=5vLFKzcHmbYNFuZcYQFHbS5qWes&hl=en&ei=JZIkTeCdJ4X7lwf47Ji6AQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CBMQ6AEwAA#v=onepage&q&f=false

Perkins, S.C. (1996). International Human Rights Law and Article 38(1) of the Statute of the International Court of Justice. Institute on Public International Law of the American Association of Law Libraries.

Online at http://intelligent-internet.info/law/icjart.html
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