Study On The Advisory Jurisdiction Of The International Court Of Justice

As an important judicial institution of the United Nations,the International Court of Justice has made important contributions to the smooth settlement of international disputes and the development of international rule of law.The jurisdiction of the International Court of Justice is divided into litigation jurisdiction and advisory jurisdiction.The establishment of advisory jurisdiction is mainly to make up for the disadvantages that the litigation subject is limited to the state in the period of the Permanent Court of International Justice.The International Court of Justice addresses the legal problems of applying for the subject by issuing an advisory opinion,which has played an active role in solving disputes between international organizations and member states and promoting the development of international law.However,the development of the advisory jurisdiction of the international court of justice has been questioned by the international community,and its utilization is also less than in the period of the permanent court of international justice.Especially" the Separation of the Chagos Archipelago from Mauritius in 1965" in 2018 once again has aroused the concern of all circles about the advisory jurisdiction.This paper,from the perspective of case analysis,starting from the provisions of the advisory jurisdiction of the International Court of Justice,clarifies the current operation of the advisory jurisdiction of the International Court of Justice,analyzes the specific existing problems in the advisory jurisdiction of the International Court of Justice and puts forward specific suggestions for the improvement of the advisory jurisdiction of the International Court of Justice.Finally,combining with the actual development of our country,China should play an active role in the reform of the advisory jurisdiction of the International Court of Justice and contribute to the settlement of international disputes and the development of international law.First of all,it combs the specific theory of advisory jurisdiction of the International Court of Justice.On the basis of introducing the system design of the jurisdiction of the permanent Court of International Justice,this paper clarifies the development course of the jurisdiction of the International Court of Justice.Through the comparison between the jurisdiction of the International Court of Justice and the jurisdiction of the permanent Court of International Justice,the institutional characteristics and value of the jurisdiction of the International Court of Justice are clarified.Finally,the specific provisions of the advisory jurisdiction of the International Court of Justice,such as the subject of the request,the scope of jurisdiction and so on,are introduced.Secondly,through the analysis of the provisions of advisory jurisdiction in legal documents such as the Charter of the United Nations,the Statute of the International Court of Justice,and the case of the Separation of the Chagos Archipelago from Mauritius in 1965"Kosovo independence case",this paper probes into three aspects:the utilization rate of the advisory jurisdiction of the International Court of Justice is not high,the legal packaging of political issues is challenged,and the procedure for the exercise of advisory jurisdiction is not perfect.Thirdly,it puts forward some suggestions on the improvement of the advisory jurisdiction of the International Court of Justice,and puts forward some suggestions on widening the scope of the advisory subject and improving the utilization rate of the advisory jurisdiction;solving the vague legal nature of the advisory matters through the principle of national consent;and establishing a supervision mechanism to improve the procedures of the advisory jurisdiction.Finally,the final foothold is put on China's response,taking the right of peoples to self-determination as an example,this paper analyzes the negative impact of the advisory opinion of the International Court of Justice on the principle of State consent in the vague zone between legal and political issues,and points out China's proposed measures for the advisory jurisdiction of the International Court of Justice.From the point of view of promoting the peaceful settlement of international problems,promoting the perfect development of international law and safeguarding national interests,this paper probes into the important significance of China's enthusiasm for participating in the judicial practice of the International Court of Justice.