The Law and Procedure of the International Court of Justice, 1951-4: Questions of Jurisdiction, Competence and Procedure
![handle is hein.journals/byrint34 and id is 7 raw text is: THE LAW AND PROCEDURE OF THE
INTERNATIONAL COURT OF JUSTICE, 1951-4:
QUESTIONS OF JURISDICTION,
COMPETENCE AND PROCEDURE
By SIR GERALD FITZMAURICE, K.C.M.G., Q.C.
Legal Adviser to the Foreign Office
(For the convenience of readers a table of contents for this article (showing
the main but not the subsidiary heads) has been added at pp. 16o-I.]
INTRODUCTION
THE present article constitutes the last in the series of five articles on the
jurisprudence of the International Court of Justice during the period
1951-4, which have appeared in volumes 30-34 of this Year Book (1953-8),
following on a previous series of three articles covering the period 1948
(when the Court gave its first judgment') to 1951.2 The general pattern of
each cycle has remained the same, although the number of articles in the
cycle has varied.3 It is proposed to deal with the period 1954-7 in a third
cycle of articles to commence in the next volume.4
The sub-title of the article corresponding to the present one in the series
for 1948-51 was 'International Organizations and Tribunals', and Chapter I
of that article had as its subject 'International Organizations, with parti-
cular reference to the Charter of the United Nations', most of the chapter
being in fact taken up with points relating to the United Nations.5 Chapter II
was entitled 'Questions of Competence and Procedure', but, apart from a
I In the Corfu case (Question of Competence), by the Judgment dated 25 March 1948.
2 For the general object and scope of these articles and the cases covered by them, see the
introductions to those for 1950, 1952 and 1953, and the relevant footnotes thereto; also footnote i
on p. 371 of the 1954 article.
Because the topic of 'General Principles and Substantive Law' which, in the first cycle, was
dealt with in one article, had to be spread over three in the second. The pattern is now approxi-
mately as follows: I-General Principles and Sources of Law; II-Particular Points of Sub-
stantive Law; III-Treaty Interpretation and other Treaty Points; IV-International
Organizations; V-Questions of Competence and Procedure. As explained in the text, head IV
is missing in the present cycle.
4 As foreshadowed in footnote i on p. 203 of the article for 1957, the articles comprising the first
two cycles, after consolidation and revision, will be published in book form as soon as possible. It
is hoped to include the third and ensuing cycles in additional volumes or in later editions or
supplements. The third cycle (1954-7) will cover the following cases: the Monetary Gold;
Nottebohn (merits); U.N. Administrative Tribunal; I.L.O. Administrative Tribunal; South-West
Africa, Voting Procedure; South-West Africa, Petitioners; and the various Aerial Incident and
Antarctica cases-these last not being the subject of a substantive judgment by the Court on
their merits, but involving certain points of jurisdiction and procedure.
I Such points arise mainly on requests for advisory opinions, and whereas in the initial period
six such requests were made, in the second there was only one (Reservations to the Genocide
Convention).
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The Law and Procedure of the International Court of Justice, 1951-4: Questions of Jurisdiction, Competence and Procedure
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