国际法院之改革：管辖权角度的初步探讨
Reform of the International Court of Justice---A Jurisdictional Perspective
吕炳斌
【摘要】The Reform of International Court of Justice—Jurisdiction Perspective
A Preliminary Study on Jurisdiction of IC(highlights) ã 2003 LU,Bingbin
Basic Knowledge and Case Study:
Only States may be parties to cases before the CourtContentious Jurisdiction & Advisory Jurisdiction
Contentious Jurisdiction
n Special agreements(Articles, and case) The Corfu Channel Case
n Cases provided for in treaties and conventions(Articles, and case) The Lockerbie cases
n Declarations Accepting the Compulsory Jurisdiction of the Court (Articles, and case) The Fisheries Jurisdiction (Spain v. Canada) CaseAdvisory Jurisdiction (Advisory Opinion)
In the request for an advisory opinion by the World Healthy Organisation on the legality of the use of nuclear weapons by a state in armed conflict case
The Reform of ICJ—Jurisdiction Perspective
The Theory of ICJ Jurisdiction (Jurisprudence perspective)
·A case can only be submitted to the Court with the consent of the States concerned
·The non-compulsory jurisdiction or consent-based jurisdiction principle ·The principles of State responsibility, and the doctrines of state sovereignty and equality of states
·The ICJ’s neutrality; the role of third party rather than a superpower. ·Developing International Society & Developed International Society.
Historic and Comparative Perspective
(1). Who denied the “Compulsory Jurisdiction”?
· PCIJ. Why did they deny the compulsory jurisdiction at the establishing PCIJ in 1920?
· ICJ. Why did they deny the compulsory jurisdiction at the establishing ICJ in 1945?
· The doctrines of state sovereignty and equality of states; the role and impact of the most powerful states.
