On The Method Of Determining The Legal Validity Of The Joint Communiqué By The International Court Of Justice

As joint statements and joint declarations,joint communiqués may also be treaties.The academic theory holds that the joint communiqué is the appropriate carrier of international treaties,and its legal validity depends on the possession of the three essential elements.The formal requirements such as signing and approval are not necessary.The International Court of Justice(ICJ)is the authoritative body for the application of international law.It has established a series of rules for judging the legal validity of the joint communiqué through eight relevant tried cases since its establishment,which has refined and developed the theory of academic circles.In the form determination,the court recognizes the eligibility of the joint communiqué as an appropriate treaty carrier and believes the lack of formalities such as signing and approval would not have a decisive influence on the validity of the communiqué.In the substantive determination,the court reviews the text of the communiqué,the background of the formulation,and the follow-up of the state,as well as considers the three situations that may lead to the invalidation of the communiqué.The court draws a conclusion after comprehensive judgment.In contrast,different international practices,such as the related practices of the United States and the Philippine South China Sea Arbitration Tribunal,lack law appropriateness.