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Study On The Litigation Jurisdiction Of The International Court Of Justice

Posted on:2016-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2336330479480250Subject:Law
Abstract/Summary:PDF Full Text Request
ICJ is the principal judicial organ of the United Nations, the international justice system, the most authoritative international dispute settlement body. Founded more than 60 years of International Court of Justice in the settlement of international disputes played a major role in effectively safeguarding the stability of the international order. International Court of Justice has been able to play such an important role, from the jurisdiction conferred on it by the international community. Jurisdiction of the International Court of Justice jurisdiction into litigation and advisory jurisdiction, the paper focuses on litigation jurisdiction of the International Court of Justice. Jurisdiction of the International Court of Jurisdiction unlike domestic courts, it is not mandatory. ICJ jurisdiction basis from voluntary alienation of national sovereignty. This is because the international community is an affirmative society, there is not a central authority to override authority over national sovereignty. Due to the special nature of this litigation jurisdiction of national courts, it has been the field of international justice much concern.International law and the international community have not yet form a common belief system of international justice, litigation jurisdiction of the International Court of Justice is still facing many problems and challenges. Jurisdiction of the Court to follow the principle of consent of the State, for which the Court has established an independent jurisdiction system, "ICJ Statute" and the "UN Charter" as its legal basis. The system must be based on the consent of the above countries, at the same time it is also weak. When a sovereign state needs time to settle their disputes through the International Court of Justice, will take the initiative to accept the jurisdiction of the International Court of Justice; but when the sovereign state considers the number of disputes referred to the International Court of Justice will damage their own interests, they will in various ways circumvent the jurisdiction of the International Court of Justice.Firstly, under the jurisdiction of the International Court of Justice lawsuit of a system are reviewed, on this basis, and research currently focuses on several key issues facing the International Court of Justice: Issues of admissibility exist fuzzy judgment, automatic reservation clause restricts the jurisdiction of the International Court The jurisdiction of the International Court of Justice delayed is difficult to get member states unanimously agreed to the jurisdiction of the trust, the Member States retain the optional clause in any substantial weakening of the compulsory jurisdiction of the International Court of Justice. The third part of the article reviewed the history of China by the attitude of the International Court of Justice in order to try to find the possibility of China to accept the jurisdiction of the International Court of Justice.
Keywords/Search Tags:International Court, Jurisdiction, China
PDF Full Text Request
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