Model Answer

The International Court of Justice (ICJ) is the principal judicial body of the United Nations (UN), established in 1945 under the UN Charter. It consists of fifteen independent judges, who are elected for nine-year terms by the UN General Assembly and the Security Council. One-third of the judges are replaced every three years to ensure continuity in its functioning.

Mandate of the ICJ

The ICJ’s primary function is to settle legal disputes between states based on international law. It also provides advisory opinions on legal questions referred by UN organs or specialized agencies. The Court plays a crucial role in the peaceful resolution of international disputes.

Challenges Faced by the ICJ

1. Political Influence on Judgments

Judges, despite being independent, sometimes vote in ways that reflect national interests. A notable example is in 2022, when judges from Russia and China were the only ones to vote against a ruling directing Russia to stop its military actions in Ukraine, showing how political affiliations can influence judicial decisions.

2. Lack of Enforcement Power

Though the ICJ’s rulings are legally binding, they depend on voluntary compliance by states. For example, any adverse ruling against Israel is often blocked by a US veto in the Security Council. This lack of enforcement power hinders the Court’s effectiveness.

3. Selective State Participation

Some powerful states choose not to participate in ICJ cases, undermining its authority. For instance, the US refused to accept the Court’s jurisdiction in the 1986 Nicaragua case, demonstrating a selective approach to international law.

4. Procedural Delays

ICJ’s proceedings can be slow. A prominent example is the 2019 case filed by Gambia against Myanmar for the genocide of Rohingya Muslims, which remains ongoing after years of litigation.

5. Limited Jurisdiction

The ICJ can only adjudicate cases if states consent to its jurisdiction, which limits its reach. For instance, the US has excluded itself from disputes involving military actions.

Conclusion

To enhance the ICJ’s effectiveness, reforms are needed, including greater political neutrality, enforcement mechanisms, and jurisdictional expansion.

Model Answer

Introduction

The World Trade Organization (WTO) plays a vital role in regulating international trade, aiming to foster stability and certainty. However, emerging global challenges have put the relevance of the WTO under scrutiny, revealing both its vulnerabilities and its importance in maintaining multilateral trade cooperation.

Emerging Challenges

1. Growing Protectionism The COVID-19 pandemic and the Russia-Ukraine war have seen an uptick in protectionist measures, with countries bypassing WTO regulations to protect their economies. For instance, nations like the US, Germany, and France ramped up subsidies, trade barriers, and public procurement policies to shield their populations from economic shocks, undermining the WTO’s trade liberalization efforts.
2. Decoupling as Strategic Policy Rising geopolitical tensions, particularly between the US and China, have led to efforts aimed at decoupling markets, which contradicts the WTO’s mission of promoting global economic integration. In 2022, the US imposed export restrictions on semiconductor chips and high-tech equipment to China, highlighting the tension between national security concerns and WTO objectives.
3. Paralysis in Dispute Settlement System (DSS) The WTO’s Dispute Settlement System has faced significant setbacks due to the blockade of appointments to the Appellate Body. As of November 2020, the body has been unable to review appeals, hampering the WTO’s capacity to enforce its rulings.
4. Rise of Free Trade Agreements (FTAs) The proliferation of FTAs, which establish competing global value chains, has diluted the central role of the WTO in trade regulation. Different trade standards emerging from FTAs undermine the uniformity and necessity of WTO rules.
5. Negotiation Deadlock Persistent deadlocks in negotiations, particularly on agricultural trade and services, reflect the difficulties in reconciling the interests of developed and developing nations. Key issues like the movement of skilled professionals and agricultural reforms remain unresolved.

WTO’s Continued Relevance

Despite these challenges, the WTO remains a cornerstone of global trade regulation for several reasons:

1. Facilitating Dialogue The WTO provides an essential platform for countries to negotiate trade rules, ensuring that smaller nations and least developed countries have a voice in global trade discussions.
2. Response to Crisis The WTO’s role in managing trade during crises, such as its approval of IP rights waivers for COVID-19 vaccines, demonstrates its capacity to facilitate cooperative responses to global emergencies.
3. Guarding Against Economic Fragmentation Amidst geopolitical tensions and the rise of trade weaponization, the WTO is vital in preventing economic fragmentation, ensuring stability and predictability in global trade.

Conclusion

While the WTO faces significant challenges, including growing protectionism, geopolitical tensions, and stalled negotiations, its role in fostering dialogue, responding to crises, and preventing fragmentation remains indispensable. However, for the WTO to remain relevant, substantial reforms are necessary to address the distinctive challenges of the 21st century, ensuring it can effectively manage the complexities of modern global trade.