1997 Fiscal Year Final Research Report Summary
同一紛争主題に対する国際司法裁判所と安全保障理事会の権限関係
| Project/Area Number |
08620025
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | KYOTO UNIVERSITY |
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Principal Investigator |
SUGIHARA Takane Kyoto University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (30004154)
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| Project Period (FY) |
1996 – 1997
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| Keywords | International Court of Justice / Security Council / international dispute / judicial settlement / enforcement measure / the same subject-matter / conflict of competence |
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| Research Abstract |
The present research has examined the relationship of competence between the Security Council and the International Court of Justice with respect to the same dispute. By the established practice, the fact that a dispute is before the Security Council could not prevent the dispute from being dealt with by the Court, and both proceedings can be simulataneously pursued for the effective settlement of the dispute.
However, situation is different when the Security Council acts under chapter VII of the UN Charter with respect to the same subject-matter of the dispute with which the Court is also dealing, because there may arise the possibility of a direct conflict between the two organs decisions, both of which have a binding force. The Loccurbie case, which is now pending before the Court, has present such a situation. In this case where an extradition of the suspects of aerial incident was called in question, the Security Council has intervened to the very subject-matter which was also pending before the Court by resorting to chapter VII of the Charter and took a binding decision on it (Resolution 748). However, the author of the present research has reached a conclusion that, considering the institutional framework of the United Nations, the Security Council should, and could, not imperatively intervene to the very issues of a dispute over which the Court is exercising its judicial function, unless there exists urgent need for the Security Council for the maintenance of international security.
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