国际法院之改革：管辖权角度的初步探讨-法搜-中国法律信息搜索网

　　Key words: Jurisdiction, International Court of Justice, Reform
　　
　　
　　I.　　　 Introduction
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　　II.　　　　The Jurisdiction of the International Court of Justice
　　1. Only States May be Parties to Cases before the Court
　　Article 34, paragraph 1, of the Statute of the International Court of Justice (Statute) provides: Only states may be parties in cases before the Court. This is of far reaching important since it prohibits recourse to the case before the court by individual persons and international organizations.
　　Today, the Court is open to practically every State in the world: First, by Article 93 of the UN Charter all members of the UN are ipso-facto members of the Statute; second, that states not members may become parties, on conditions to be determined in each case by the UN General Assembly on recommendation of the Security Council. Therefore allowing countries such as Switzerland and San Marino, though not members of the UN, to be parties to the Statute of the Court; third, any other State which, whilst neither a member of the United Nations nor a party to the Statute of the ICJ, has deposited with the Registry of the ICJ a declaration that meets the requirements laid down by the Security Council whereby it accepts the jurisdiction of the Court and undertakes to comply in good faith with the Court’s decisions in respect of all or a particular class or classes of disputes. Many States have found themselves in this situation before becoming members of the United Nations; having concluded treaties providing for the jurisdiction of the Court, they deposited with the Registry the necessary declaration to be able to appear before the Court. Where they have been parties to a case, they have been required to contribute to the costs thereof.
　　2. Contentious Jurisdiction & Advisory Jurisdiction
　　As mentioned above, the jurisdiction of the ICJ falls into two distinct parts: its capacity to decide disputes between states, and its capacity to give advisory opinions when requested so to do by particular qualified entities.