An Empirical Study Of Counter-claim Regime In Contentious Cases Of International Court Of Justice

Counter-claim is a kind of incidental procedure in the proceedings of the International Court of Justice.Since the counter-claim clause was first clarified in Rules of Court(of the old Permanent Court of International Justice,PCIJ)in 1922,the case law of the International Court of Justice on counter-claim has demonstrated many jurisprudence of the counter-claim regime,and the practice of counter-claim of the International Court of Justice in litigation cases has promoted the continuous improvement and optimization of the counter-claim regime.The current counter-claim clause is Article 80 of Rules of Court revised in 2000.Throughout the practice of the International Court of Justice on counter-claim regime,the Court’s examination over counter-claim is always centered on the admissibility of counter-claim.The Court needs to examine,in its own discretion,whether the counter-claim meets conditions formulated in Article 80,paragraph 1 of Rules of Court in the light of the specific circumstances of each case.Once the counter-claim is accepted by the Court,it can be incorporated into the main procedure and enter the next stage of the case trial.As a general rule,counter-claims are subject to comprehensive and rigorous examination based on the need to strengthen judicial control and balance the interests of the parties.The current counter-claim clause has exposed various problems in the practice of the counter-claim regime of the International Court of Justice,challenging international law scholars to put forward suggestions to solve the problems and optimizing the regime.The International Court of Justice has established a relatively standard logical framework for the application of this article,carrying many important legal principles of counter-claim regime.With the steady enhancement of China’s comprehensive national strength,China’s step toward the world has become more steady and powerful.In the future,it is likely for China to participate in the judicial proceedings of the International Court of Justice as a party to disputes.China should not only actively put forward its own claims and counter-claims,but also,on the premise of being familiar with the operation mechanism of the counter-claim regime of the International Court of Justice,formulate reasonable and effective counter-claim strategies according to the practical standards and applicable logic of the counter-claim regime,in order to resolutely safeguard China’s national rights and interests.