JEAIL > Volume 10(2); 2017 > Student Contribution
Research Paper
Published online: November 30, 2017
DOI: http://dx.doi.org/10.14330/jeail.2017.10.2.09

Power, Jurisdiction and Admissibility: Reconceptualizing Procedural Legal Issues in the Interpretative Proceedings under Article 60 of the ICJ Statute

Yi Chao
McGill University Faculty of Law, 3644 Peel St, Montreal H3A 1W9 Canada.
Corresponding Author: yi.chao@mail.mcgill.ca

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Article 60 of the ICJ Statute provides a mechanism for interpreting a previous binding judgment in the event of dispute as to the meaning or scope of that judgment. Procedural legal issues such as jurisdiction and admissibility in interpretative proceedings under Article 60 are different from those in regular contentious or advisory proceedings before the ICJ. The Court has developed a set of concrete rules in its jurisprudence under the simple wording of Article 60 to adjudicate on these procedural issues. However, a case-by-case examination of the Court's jurisprudence reveals that there is still no structurally clear and logically sound framework, because the ICJ fails to conceptually divide the issues of 'power,' 'jurisdiction,' and 'admissibility' in interpretative proceedings. In order to rectify this problem, this article proposes an analytical framework for the ICJ with a clearer conceptualization of the Court's 'power,' 'jurisdiction,' and 'admissibility' under Article 60 to clarify the meaning of its previous judgments in interpretative proceedings.

Keywords : Article 60 of the ICJ Statute, Interpretative Proceedings, Procedural Issues, Power, Jurisdiction, Admissibility

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