问题 问答题 论述题

试述国际法院的职权。

答案

参考答案:

国际法院的职权包括诉讼管辖权与咨询管辖权。

1.诉讼管辖权。国际法院的诉讼管辖权是指国际法院审理争端当事国提交的诉讼案件的权利。《国际法院规约》对法院的诉讼当事者和法院管辖的案件范围作了如下规定:

(1)国际法院的诉讼当事者。国际法院的诉讼当事者限于国家,任何组织、团体或个人均不得成为诉讼当事者。诉讼的当事国包括三类国家:一是联合国会员国;二是非会员国的法院规约的当事国;三是其他国家;

(2)国际法院管辖案件的范围。国际法院受理的诉讼案件包括:

①自愿管辖。各当事国提交的一切案件。这类案件应在当事国双方同意的基础上,签订一项特别协定,提交国际法院审理。当事国双方的相互同意构成法院管辖权的依据;

②协定管辖。《联合国 * * 》或现行条约和协定中所特定的一切案件。在现行条约和协定中,有许多包含关于因条约的解释或适用所产生的争端提交国际法院处理的规定,这种规定可以是条约的一项争议解决条款,也可以是与条约同时签订的一项任择议定书;

③任意强制管辖。依规约规定提交的案件。规约各当事国可随时声明关于A.条约之解释;B.国际法之任何问题;C.任何事实之存在如经确定违反国际义务者;D.因违反国际义务而应予赔偿之性质和范围等性质的法律争端,对于接受同样义务的任何其他国家,承认法院之管辖为当然而具有强制性,不须另订特别协定。

2.咨询管辖权。根据《联合国 * * 》的规定,联大、安理会和经大会授权的联合国其他专门机构,对于任何法律问题可请求国际法院发表咨询意见。咨询意见是向联合国机构而不是向国家发表的,元需国家的同意,国家也不能请求或阻止法院发表咨询意见。法院的咨询意见原则上不具有拘束力而只具有咨询的性质,只是在国际行政法庭判决的效力和联合国某些经费的承担等类问题上发表的咨询意见,才有拘束力。但法院对于许多重大法律问题发表的咨询意见,往往被作为权威性的解释而受到重视。

判断题
填空题

Glass, in one form or another, has long been in noble service to humans. As one of the most widely used of manufactured materials, and certainly the most versatile, it can be as imposing as a telescope mirror the width of a tennis court or as small and simple as a marble rolling across dirt.

41. ______

The uses of this adaptable material have been broadened dramatically by new technologies: glass fiber optics—more than eight million miles—carrying telephone and television signals across nations; glass ceramics serving as the nose cones of missiles and as crowns for teeth; tiny glass beads taking radiation doses inside the body to specific organs; even a new type of glass fashioned of nuclear waste in order to dispose of that unwanted material.

42. ______

On the horizon are optical computers. These could store programs and process information by means of light—pulses from tiny lasers—rather than electrons. And the pulses would travel over glass fibers, not copper wire. These machines could function hundreds of times faster than today’s electronic computers and hold vastly more information. Today fiber optics are used to obtain a clearer image of smaller and smaller objects than ever before—even bacterial viruses. Anew generation of optical instruments is emerging that can provide detailed imaging of the inner workings of cells. It is the surge in fiber optic use and in liquid crystal displays that has set the U. S. glass industry (a 16 billion dollar business employing some 150, 000 workers) to building new plants to meet demand.

43. ______

But not all the glass technology that touches our lives is ultra-modem. Consider the simple light bulb; at the turn of the century most light bulbs were hand blown, and the cost of one was equivalent to half a day’s pay for the average worker. In effect, the invention of the ribbon machine by Coming in the 1920s lighted a nation. The price of a bulb plunged. Small wonder that the machine has been called one of the great mechanical achievements of all time. Yet it is very simple: a narrow ribbon of molten glass travels over a moving belt of steel in which there are holes. The glass sags through the holes and into waiting moulds. Puffs of compressed air then shape the glass. In this way, the envelope of a light bulb is made by a single machine at the rate of 66,000 an hour, as compared with 1,200 a day produced by a team of four glassblowers.

44. ______

The secret of the versatility of glass lies in its interior structure. Although it is rigid, and thus like a solid, the atoms are arranged in a random disordered fashion, characteristic of a liquid. In the melting process, the atoms in the raw materials are disturbed from their normal position in the molecular structure; before they can find their way back to crystalline arrangements the glass cools. This looseness in molecular structure gives the material what engineers call tremendous "formability" which allows technicians to tailor glass to whatever they need.

45. ______

Today, scientists continue to experiment with new glass mixtures and building designers test their imaginations with applications of special types of glass. A London architect, Mike Davies, sees even more dramatic buildings using molecular chemistry. "Glass is the great building material of the future, the ’dynamic skin’," he said." Think of glass that has been treated to react to electric currents going through it, glass that will change from clear to opaque at the push of a button, that gives you instant curtains."

Think of how the tall buildings in New York could perform a symphony of colours as the glass in them is made to change colours instantly. Glass as instant curtains is available now, but the cost is exorbitant. As for the glass changing colours instantly, that may come true. Mike Davies’s vision may indeed be on the way to fulfillment.

[A] What makes glass so adaptable

[B] Architectural experiments with glass

[C] Glass art galleries flourish

[D] Exciting innovations in fiber optics

[E] A former glass technology

[F] New uses of glass

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