УСЛОВИЯ ЗА РАЗГЛЕЖДАНЕ НА ДЕЛО В МЕЖДУНАРОДНИЯ СЪД НА ООН ПРИ ОТСЪСТВИЕ НА НЯКОЯ ОТ СТРАНИТЕ МУ

Abstract

Non-appearance of a party to a case often happens in both national adjudication and the jurisprudence before International Court of Justice (ICJ). However, non-appearance of a party is not a justification for ICJ to refuse to decide the case, which would be a denial of justice. In order that ICJ decides the case, two conditions should be fulfilled: first, to be satisfied that it has jurisdiction over the case, and second, that the claim of the appearing party is well founded in fact and law.