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On The Prerequisites For The Exercise Of The Jurisdiction Of The International Court Of Justice

Posted on:2016-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2176330452468608Subject:International law
Abstract/Summary:PDF Full Text Request
The advisory jurisdiction of the International Court of Justice is a conception relativeto the contentious jurisdiction. It is originally aimed at setting a judicial process forthe international organizations and institutions, in this way they could settle theirdisputes and get professional legal opinion. It is a kind of interests and powercompetition and balance between the states and the international organizations thatstands behind the advisory jurisdiction.Some restrictions have been imposed on the court in the determination of jurisdiction:Firstly, the court has to examine whether the consensus of interested states constitutepreconditions of the advisory jurisdiction; Secondly, along with the long-termpractices of the International Court of Justice, the court itself has set out three generalprinciples as a limitation for the international organizations to ask for advisoryopinions:1. The body requesting the opinion to be “authorized by the Charter of theUN”;2. The advisory opinion requested does indeed relate to a “legal question”;3.The question has a relevance to the activities of the body. Each condition has its ownspecific standards.To promote the popularization and application of the advisory proceedings, first andmost importantly, one needs to reduce the concerns from states and internationalorganizations of their fears of the effects that advisory opinions produced. For thispurpose, the court has to guarantee states’ right to know, argue, defend and to have“ad hoc judge”. Secondly, distinctions should be made between the requests to avoidthe ambiguous of legal or political question. Finally, using the exact words describingthe questions will also reduce the ambiguity, uncertainty and political nature. Give thenew emerging international courts, tribunals and arbitral institutions access to theadvisory opinions will benefit the promotion of advisory proceedings.
Keywords/Search Tags:International Court of Justice, advisory jurisdiction, states’ consensus, principle of specialty, legal question, activity
PDF Full Text Request
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