Essay Sample on Basis of International Court of Justice (ICJ)

Introduction

International Court of Justice failed to make a final judgment due to inability of Indonesia to appear in the court as a third party. Therefore, the court refused to make ruling based on the legitimacy of Timor Gap Treaty between Indonesia and Australia. Portugal's claim did not influence decisions of the court with absence of Indonesia. In the case, Portugal presented a proceeding accusing Australia against some issues with respect to authority and sovereignty of East Timor. Australia did not manage to deliver its statement to the court as per the time limit provided. Australia was issued with an application with obligations to respect powers and duties of Portugal as a ruling party and the rights citizens living in East Timor.

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Role of UN Resolutions in the Case

United Nations Charter laid a framework to contravene resolutions 384 and 389 of the Security Council. Under these adjudged resolutions, it is a breach of obligations to undertake the activities of united nation's departments. Binding nature of resolutions accentuates on the need for an incumbent to cooperate with the regulations of the United Nations and respect the sovereignty of other members regardless of their global political and economic influence. With regard to this resolution, Australia has incurred global obligation by causing damage and reparation of the rights of East Timor citizens and Republic of Portugal. International Court of Justice resolutions are sources of obligation because Australia is forced to cease from any form of breaches against international norms and human rights as provided in paragraph 1, 2 and 3 of the statute. Determinations of ICJ paves a way for application of self-determination in East Timor.

East Timor as a Party

The case involved major parties and small parties.Indonesia is the only small party in the East Timor case because of the Treaty they had signed with Australia prior to Portugal inclusion. East Timor is not considered as a party because the right and sovereignty of its people are advocated for by the court rather than its active participation in the court of law. Decisions and policies made by Judges safeguard the interest of East Timor. International obligations are meant to prevent exploration and exploitation of East Timor.

Arguments on Pro-Sovereignty of East Timor

Indonesia and Australia had signed a treaty to amicably determine a right party to control East Timor. Portugal interest in the state resulted in the eruption of the case in the ICJ. International Court of Justice finally gave a statement in the case that neither supported Australia nor Portugal over the authority of East Timor. The judgments made by the court clarifies that East Timor is a self-governing country granted with self-determination.

The Role of Self-determination Principe in the Case

The principle of self-determination proposes for need to protect human rights of all humankind and sovereignty of nations in the world. It allows people to control their destinies without or with minimal interruption from other parties. United Nations Charter on human rights provides a virtue of self-determination in which equality enables all people to pursue their economic, political, cultural and social development. UN forbids its member states from snooping with the sovereignty of other countries. Declarations established by United Nations forces all colonial powers to grant independence to ruled and exploited states. Subjugation and exploitation cause an impediment towards improving peace and collaboration in the world.

Reference

CIJ, (1995). International Court of Justice. Reports of Judgements Advisory Opinion and Orders. Retrieved From: https://www.icj-cij.org/files/case-related/84/084-19950630-JUD-01-00-EN.pdf/