Search results

The purpose of this paper is neither to repeat nor to explain the rules of the Supreme Court of Montana, for they are freely available to everyone in printed form and are self-explanatory. My purpose is to suggest and consider some ideas which the general subject suggests, including some questions presented by the dual authority of judicial and legislative branches over court procedure, and finally to discuss the present court's attitude toward its rules.

Corfu Channel Dispute: Following the Security Council's decision of April 9, 1947, to refer the Corfu Channel dispute to the Court, Great Britain submitted an application on May 22, 1947, instituting proceedings against Albania for the destruction of two British destroyers in the Corfu Channel in October, 1946. The dispute was to constitute the first case to come before the Court. As of July 15, 1947, no word had been received from Albania regarding British action, and there had been no decision as to the date on which the case would reach the Court.

Corfu Channel Case: Public sittings of the International Court of Justice on the preliminary objection filed by Albania on the Corfu Channe Case1 were held on February 26, 27, 28 and March 1, 2 and 5, 1948. The decision of the Court was given on March 25,1948.

Corfu Channel Case: Following the resolution of the Security Council on April 9, 1947, recommending that the United Kingdom and the Albanian governments should immediately refer the Corfu Channel question to the International Court of Justice, the United Kingdom on May 22, 1947, filed an application with the Registry of the Court instituting proceedings against Albania. By a reply dated July 21, filed July 23, 1947, Albania accepted the jurisdiction of the Court, protesting against the unilateral act of the British government in its application. On December 9, 1947, the Albanian government filed a document entitled "Preliminary Objection".

On January 12, 1946, a list of candidates nominated for membership on the International Court of Justice was submitted to the General Assembly and the Security Council, in accordance with invitations issued by the Executive Committee of the Preparatory Commission.As a result of elections held on February 6, the following were elected: Alvarez (Chile), Azevedo (Brazil), Badawi (Egypt), Basdevant (France), de Visscher (Belgium), Fabela (Mexico), Guerrero (Salvador), Hackworth (United States), Hsu (China), Klaestad (Norway), Krylov (USSR), McNair (United Kingdom), Read (Canada), Winiarski (Poland), and Zoricic (Yugoslavia).The first meeting of the Court was held on April 3 at the Peace Palace at the Hague, and the inaugural sitting on April 18. On April 6 the Court elected Mr. J. G. Guerrero as President and M. J. Basdevant as Vice-President. Mr. Edvard Hambro was appointed Registrar and M. J. Garnier-Coignet, Deputy Registrar. On May 3 the Court formed the Chamber for Summary Procedure, provided for by Article 29 of the Statute, composed of the following members: Guerrero (President), Basdevant, McNair, Krylov, Hsu, with Fabela and de Visscher as substitute members.

Advisory Opinion on Conditions of Admission of a State to Membership in the United Nations: A General Assembly resolution of November 17,1947, requested the International Court of Justice to give an advisory opinion on the following question: "Is a Member of the United Nations which is called upon, in virtue of Article 4 of the Charter, to pronounce itself by its vote, either in the Security Council or in the General Assembly, on the admission of a State to membership in the United Nations, juridically entitled to make its consent to theadmission dependent on conditions not expressly provided by paragraph 1 of the said Article? In particular, can such a Member, while it recognizes the conditions set forth in that provision to be fulfilled by the State concerned, subject its affirmative vote to the additional condition that other States be admitted to membership in the United Nations together with that State?"

New Parties to the Statute: Afghanistan, Iceland, Siam and Sweden became parties to the Statute during 1946 when they joined the United Nations. Switzerland, as a non-member of the United Nations, inquired as to the conditions on which Switzerland might become a party to the Court's Statute, and these conditions were established by a resolution of the General Assembly on December 11, 1946.