Chapter One: Introductory
Introduction
The Justice plays a dominant role to provide for rule of law which is so essential for strengthening the foundations of democracy. This is more important for a developing democracy like Bangladesh where weaknesses of democracy in the absence of a strong Justice could pose threat to individual liberty. Access to justice and Justice as the last resort to justice is the demand of any democracy. Justice rescues the weak from the misuse of power by the strong; it protects the minority from the tyranny of the majority. For Justice to be strong and effective, Court of Justice & Its Role In International Dispute Settlement is the first precondition.
Objectives & Scope of the Study
The objectives of this research are:
- to review the present status of the Court of Justice & Its Role In International Dispute Settlement
- to analyze & assess the existing measures for ensuring Court of Justice & Its Role In International Dispute Settlement
- to find out weakness and problems of Justice
- to propose the betterment options for International Court of Justice & Its Role In International Dispute Settlement & its improvement
- to ensure high standard of justice & people confidence on Justice.
The scope of this research includes the areas of information required to Collect analyze regarding the International Court of Justice & Its Role In International Dispute Settlement
Utility
In the field of Justice the subject matter has a great importance. It is not only necessary for judicial person but also necessary for public in general to get justice. I hope that this will be a valuable asset for later workers in this field. Overall I expect that this thesis will benefit the country & countrymen.
Limitations
In conducting this research some limitations have found. This field of research is very complicated and the materials are not available. In case of foreign elements it is very difficult to collect recent information and data. The collection of materials is not easy and free.
Conclusion
In Bangladesh Justice is a very important part of the government. Because as a growing democratic country it needs heavy judicial structure & position to ensure the public right & remedy. This can be ensured by strong International Court of Justice & Its Role In International Dispute Settlement.
It is expected that this thesis will contribute to improve the judicial administration and will be a part of the development in Bangladesh.
Chapter-Two
introductory of International court of justice
Chapter-Two: introductory of International court of justice
Introduction
The creation of the court represented the culmination of a long development of methods for the pacific settlement of international disputes ,the origins of which can traced back to classical times .
Article 33 of the united Nations Charter lists the following methods for the pacific settlement of disputes between states: negotiation . enquiry, mediation conciliation arbitration, judicial settlement, and resort to regional agencies or arrangement; good offices should also be added to this list. Among these methods, certain involve appealing to third parties for example, mediation places the parties to a dispute in a position in which they can themselves resolve their dispute thanks to the intervention of a third party. Arbitration goes further, in the sense that a binding settlement can be achieved . the same is true of judicial settlement (the method applied by the international court of justice ), except that a court is subject to stricter rules than an arbitral tribunal, particularly in procedural matters.
Mediation and arbitration preceded judicial settlement in history.The former was known in ancient India and in the Islamic world, whilst numerous examples of the latter are to be found in ancient Greece, in China, among the Arabian tribes, in maritime customary law in medieval Europe and in papal practies.
Objectives
The modern history of international arbitration is however, generally recognized as dating from the so-called jay treaty of 1794 between the united states of America and great Britain the treaty of amity, commerce and navigation provided for the creation of three mixed commissions, composed of American and British nationals in equal number, whose takes it would be to settle a number of outstanding question between the two countries which it had not been possible to resolve by negotiation.
Whilst it is true that these mixed commission were not strictly speaking organs of third-party adjudication they were intended to function to some extent as tribunals. They reawakened interest in the united kingdom had recourse to them as did other states in Europe and the Americas
The Alabama claims arbitration 1872 between the united kingdom and the united state marked the start of a second, and still more decisive phase under the treaty of Washington of 1871 the united states and the united kingdom agreed to submit to arbitration claims by the former for alleged breaches of
Research Methodology
The methodology used in the thesis is Qualitative Methodology. My research works are based on Analytical study. The main object this study is to find out the cause of Greenhouse Effect & how can protection this problem.
These are Primary sources & Secondary sources. The source based data has been collected from the International Laws & current situation. Other data collected from books, journals, newspaper, website, and internet.