(2). ICJ & WTO, Compulsory Jurisdiction.
(3). The Affect From Other International Tribunals
3. How to Change it--To limit or extend its jurisdiction?
· Step by step.
· The idea that the ICJ should adopt the compulsory jurisdiction ?
· Some amendment can be considered into the Statute of ICJ. (Not my focus) · Give a broad interpretation when differences arose from the understanding of jurisdiction (Case study).
【关键词】ICJ, Jurisdiction, reform
【全文】
Preliminibary Draft--Please do not reproduce or cite without author’s permission. Direct correspondence to: Bingbin Lu, Transnational Law & Business University, 300,Naeyu-dong,Dukyang-ku,Koyang-si, Kyunggi-do, Seoul,412-715, Korea. Email: lvbingbin-yahoo-com.
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Reform of International Court of Justice—Jurisdiction Perspective
By Bingbin Lu
Abstract: The International Court of Justice (ICJ) has been criticized for its limited effectiveness and the many failures it has experienced. In order to understand and discuss the operation and problems of the ICJ, jurisdiction issue is the key. The jurisdiction of the ICJ falls into two distinct parts: contentious jurisdiction and advisory jurisdiction. This article first introduce this Court and review the basic knowledge of the ICJ’ jurisdiction with the assistance of case studies. Then it tries to explore the reform of the ICJ from the jurisdiction perspective, discussing the theory and history of the ICJ’ jurisdiction. To reform the ICJ is not easy. It should be achieved step by step. This article does not agree with the idea that the ICJ should adopt the compulsory jurisdiction. It suggests that the Court can give a broad interpretation when differences arose from the understanding of jurisdiction. This is what the Court can do under the current Statute of the International Court of Justice.
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