Study On The Litigation Jurisdiction Of The International Court Of Justice

The establishment of jurisdiction and the "admissibility" of cases are the preconditions for the international court of justice to exercise its adjudication function to settle international disputes.Since its establishment,the international court of justice(permanent international court of justice)has made a great contribution to the settlement of international disputes and its internal procedures have become increasingly clear.However,the provisions on jurisdiction and incidental procedures are still vague,leaving a large gap,the author believes that there is still a large space for research.Papers to the international court of justice,therefore,all cases for reference,circumstantial evidence’s point of view,to the international court of justice jurisdiction related problems include:the case can be affected by "rational" and "interim measures" and "optional" compulsory jurisdiction system is discussed in detail,on the basic issues,such as the issues affecting the trial material analysis and discussion on these issues,the justification of the preliminary objections,make deep discussion on development trend of the international court of justice function.The full text is divided into the following four parts.The main contents are as follows:The first part is an overview of the jurisdiction of the international court of justice.Including the definition and nature of the jurisdiction of the international court of justice,the characteristics of the jurisdiction of the international court of justice,one is that it has never broken through the principle of state consent;Second,the only litigation subject is the state;Third,the jurisdiction of the international court of justice is extensive.The paper also briefly introduces the three issues about the jurisdiction of the international court of justice,and makes a brief analysis of the cases.In the second part,the author studies the admissibility of the case.The paper focuses on the characteristics of "acceptability";The international court of justice(icj)conducts in-depth discussions on the content of "admissibility"(including "whether there is a dispute","whetherlocal remedies have been exhausted",etc.),the relationship between "admissibility" and "jurisdiction",and the issue of precedence in hearing,in combination with relevant cases of ICJ and the permanent international court of justice.The third part is an analysis of the provisional measures of the international court of justice.This paper focuses on the difference and connection between "temporary measures" and "jurisdiction" based on the three viewpoints in the academic circle.This paper discusses the five requirements of the implementation of provisional measures by the international court of justice and their definition,as well as the legal binding force and the subject of enforcement supervision.The fourth part is an analysis of the optional compulsory jurisdiction system of the international court of justice.This paper introduces the formation of "optional compulsory jurisdiction" and focuses on the nature of accepting the declaration of compulsory jurisdiction(from the two perspectives of the declaration state and the declaration state).The relationship between the declaration of automatic reservations and article36 of the statute and the question of whether the court should simply relinquish its jurisdiction in the face of the automatic reservations.By means of comparative analysis,this paper defines the relevant concepts of the jurisdiction of the international court of justice and demarcates the relevant concepts with grey areas(the relationship between "admissibility" and "jurisdiction").In addition,this paper discusses the attitude of the international court of justice through case analysis,and analyzes and discusses the three problems of the litigation jurisdiction of the international court of justice one by one,hoping to put forward a better solution for the future development of the international court of justice.