Role of the Judgments of the International Court of Justice in the Process towards the Final Settlement of International Disputes

2016 Fiscal Year Final Research Report

• Project/Area Number: 26380069
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: International law
• Research Institution: Waseda University
• Principal Investigator: Kawano Mariko 早稲田大学, 法学学術院, 教授 (90234096)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 国際司法裁判所 / 判決の履行 / 国際紛争の平和的解決 / 国際紛争の最終的解決 / 領土又は海洋の境界 / 国際法と国内法

Outline of Final Research Achievements

International Adjudication is one of the principal means to settle international disputes because of the legally binding effect of the decision. In particular, the judgments of the International Court of Justice, the principal judical organ of the United Nations, have played important role not only in the settlment of the dispute between the parties but also in the clarification and development of international legal rules.
In the present research, the process of compliance with the judgments of the International Court of Justice by the parties is examined by analyzing the precedents. It can be concluded that the willingness and cooperatoin of the parties to settle the dispute plays a key role in the final settlement of the dispute on the basis of the judgment of the International Court of Justice. It should also be noted that the assistance of international organizations and third States may be effective and required in appropriate cases.

Free Research Field

国際公法