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

• Author: Yi Chao
• Pages: 511-512

Article 60 of the ICJ Statute 511

X JEAIL 2 (2017)

Yi Chao

∗

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.

Power, Jurisdiction and

Admissibility:

Reconceptualizing

Procedural Legal Issues

in the Interpretative

Proceedings under Article

60 of the ICJ Statute

∗ Doctoral Candidate of McGill University. LL.B./LL.M. (Peking). ORCID: http://orcid.org/0000-0001-8746-4462.

The author might be contacted at yi.chao@mail.mcgill.ca / Address: McGill University Faculty of Law, 3644 Peel St.,

Montreal H3A 1W9 Canada. This research was supported by the China Scholarship Council.

DOI: http://dx.doi.org/10.14330/jeail.2017.10.2.09

STUDENT CONTRIBUTION