A Study On The Admissibility Of The Advisory Case Of The International Court Of Justice

The system of the advisory jurisdiction of the International Court of Justice is a system corresponding to its contentious jurisdiction.It is different from the contentious jurisdiction in terms of subject,scope and effectiveness.The advisory jurisdiction system is an innovation of international judicial practice and arising from the failure of international organizations to use the system of contentious jurisdiction in the judicial system of the League of Nations.Since the Permanent Court of International Justice(hereinafter PICJ),the exercising of its advisory jurisdiction has caused considerable problems,however,the system of advisory jurisdiction was finally recognized by the international community.Eventually,the International Court of Justice has inherited and developed the advisory jurisdiction of the PICJ but face the same situation.Various questions and challenges have been accompanied with the growth and development of the court.This paper takes the admissibility of the advisory case as the research object,focuses on the exercising of the advisory jurisdiction of the International Court of Justice,and analyze the problems existing in its exercise of advisory jurisdiction,and strives to make better use of advisory opinions.The research content of this paper is to systematically explain the legal mechanism of the International Court of Justice’s exercise of advisory jurisdiction,and specifically analyze the factors that affect the court’s determination.Seeking to clarify the restricted factors of admissibility in advisory cases.This paper is mainly divided into three chapters.The first chapter will systematically discuss the premise of the exercise of the advisory jurisdiction and the discretion of the International Court of Justice on the admissibility of advisory cases.The second chapter will analyze restrictions on the principle of consent in the course of the International Court of Justice’s exercise of advisory jurisdiction,and rethink the court’s standpoint.The third chapter will discuss other objections,explore the evidence and facts,the effect of the political factors,the function of the advisory opinions,and the principle of res judicata on admissibility.This paper considers that the International Court of Justice mainly adheres to "the principle of cooperation" when exercising its advisory jurisdiction,and judges whether the advisory case is admissible from the perspective of its connection with the United Nations.In principle,the court will not refuse advisory request from the applicant.Considering the status of the International Court of Justice in the international community as a worldwide court and the diversity of issues involved in advisory cases,the Court’s exercise of advisory jurisdiction in an active way is unquestionable.However,given the wide range of responsibilities of the General Assembly,the Security Council,and the organs authorized by the General Assembly,almost all international disputes and issues can be involved in the range of these organization’s responsibility.If the court only focus on its organizational nature with the United Nations,and not pay attention to the function of providing legal advice to the United Nations agencies of its advisory jurisdiction.It will be difficult to cope with the queries and challenges in practice,and does not help to make better use of consulting jurisdiction.