Research On The Optional Compulsory Jurisdiction Of The International Court Of Justice

The International Court of Justice(ICJ),as a judicial organ of United States,is the most authoritative and representative Dispute Settlement Body in the international judicial system.Since its establishment,the jurisdiction of ICJ is a vital element because of its legitimacy rationality and the executive power of judgments in the trial practice and involved the sovereignty of the states.After research on the related practice in International Court of Justice and writings of international law scholars, the writer hereof tries to discuss some legal aspects of the optional compulsory jurisdiction of ICJ,such as the history,the legal basis to accept the optional compulsory jurisdiction,the declarations of recognizing,the reservations,as well as the situation in China.This thesis consists of four chapters in addition to Preface and Conclusion.Chapter One introduces the history and concept of the optional compulsory jurisdiction.This chapter,from both practical and theoretical aspects,describes the generation of the optional jurisdiction,exemplified the definition,the legal nature,the factors and the modes of consent and the application of optional compulsory jurisdiction.Chapter Two analyses the declarations of recognizing the compulsory jurisdiction of ICJ.On the basis of these declarations,this chapter discusses the temporal factor,the legal nature and the force of the compulsory jurisdiction,and ultimately concluded that considering the specific situation,we should focus on the operation of these declarations to determine its effectiveness.Chapter Three analyses the reservations of the optional compulsory jurisdiction. This chapter examines the legal basis,the forms,the interpretation and the validity of these reservations,pointing out that the current reservations is not perfect,concluded that the regime of reservations should be amended and proposed amendments.Chapter Four discusses China's attitude towards the optional compulsory jurisdiction of ICJ.This chapter firstly reviews our attitude,then analyses the reasons why we do not accept the optional compulsory jurisdiction of the Court,and finally based on our actual conditions gives some suggestions.