The Research On Judicial Activism Of International Court Of Justice

The purpose of the research on the judicial activism of the International Court ofJustice is to explore the reason why the International Court of Justice get so much con-demnation from the international community and thus provide efective recommendationsfor the reform of the International Court of Justice.Though the analysis on the Charter and the judicial system of United Nations, thereason why the International Court of Justice is so judicial activism in the judicial practiceis that the Charter not make provisions on its nature and the international communitymixed views on the nature of the Charter, the Charter also not make provisions on theinterpretation rights, the UN does not have a systematic judicial system and factors ofjudges. The specific performance of the judicial activism in the practice of ICJ thoughcase analysis method, mainly reflected in the definition of legal issues, results-orientedviews, judicial review and judicial legislation. Continue the case study shows that due tolack of relevant legal provisions, the International Court of Justice in the judicial practicegot highly controversial. The focus of the dispute is that the expansion of ICJ advisoryjurisdiction and whether the ICJ has the right to judicial review.On summary of the ICJ advisory opinion and some scholars view, some ideas for thefuture development of the ICJ are put forward. The future development of the advisoryjurisdiction is need to address the definition of “legal issues”. System of the right tojudicial review’s construction, can refer to judicial review provisions on the EuropeanCourt of Justice of Lisbon Treaty and the European Court’s practice.