《THE ROLE AND RECORD OF THE INTERNATIONAL COURT OF JUSTICE》

CHAPTER Ⅰ：INTRODUCTION1

A．International Peace and the Court1

B．The Historical Perspective5

1．The Aspects Conditioning Progress5

2．Institutional Development in Retrospect6

（ⅰ）Arbitration6

（ⅱ）The Permanent Court of International Justice8

（ⅲ)The Birth of the International Court as a Voluntary Court of Justice10

C．International Judicial Jurisdiction12

1．Jurisdiction as the Key Element12

2．Voluntary versus Compulsory Jurisdiction14

（ⅰ）The'Avatars'of the'Optional Clause'14

（ⅱ）Conclusions23

3．The Advisory Jurisdiction of the Court25

D．The Court and the Evolution of the World Order26

1．The Perils of Voluntarism26

2．The Dislike of States to be'Dragged to Court'29

3．The Nature of the Disputes that come to the Court and the Irregularity in the Court's Output31

4．Some Constructive Suggestions33

CHAPTER Ⅱ：THE UNITED NATIONS AND THE COURT37

1．The Court as seen by the Organs and Members of the United Nations38

（ⅰ）United Nations Charter38

（ⅱ）The Statute of the Court43

（ⅲ）The General Assembly's Review of the Role of the Court in 1970-197444

（ⅳ）The elaboration of the United Nations Convention on the Law of the Sea50

2．The United Nations and its Organs as seen by the Court56

（a）Judgments and Advisory Opinions56

（b）Speeches by the President of the Court62

3．The Court in the Society of Nations76

CHAPTER Ⅲ：INTERNATIONAL PEACE AND THE COURT:PRACTICAL APPROACHES83

A．The Use of the Advisory Jurisdiction of the Court83

1．The Practicability of Advisory Jurisdiction83

（ⅰ）The Initiative lies with the Requesting Organ,and Unanimity is not required84

（ⅱ）Significance of the Consent of the Parties to the Dispute84

（ⅲ）The Definition of 'Legal Question' does not Exclude Dispute Cases92

2．Pending Disputes and the Appointment of Judges Ad hoc94

3．Need for Clarification and Development of the Procedural Law relating to Advisory Opinions96

4．Advisory Opinions for the Guidance of National Courts98

B．The Use of the Court to State the Law but not to Settle a Dispute101

C．The Development of the Chamber Jurisdiction of the Court106

（ⅰ）Gulf of Maine Case110

（ⅱ）Frontier Dispute(Burkina Faso/Mali)111

（ⅲ）Elettronica Sicula S.p.A.(ELSI)111

（ⅳ）Land,Island and Maritime Frontier Dispute(El Salvador/Honduras)112

D．The Various Forms of Judicial Contribution to the Settlement of Disputes116

1．Forms of Judicial Action117

（a）Directly executory judgments117

（b）Statement of the content of the applicable law118

（c）Judgments contemplating negotation between the parties118

（d）Indication of provisional measures122

（e）Recourse to equity124

2．Forms of Judicial(and Judicious)Inaction: Judicial Restraint128

CHAPTER Ⅳ：DEVELOPMENT OF INTERNATIONAL LAW BY THE COURT137

A．The Court attaches Special Importance to the Law it Administers137

B．The Meaning of the'Development'of International Law by the Court137

C．Examples of Development of International Law by the Court146

1．Development in the field of the Law of the Sea147

2．Development of the Law of Decolonization150

3．Development of the Law of Treaties157

4．Development of the Law of International Organizations161

D．Development of Environmental Law164

CHAPTER Ⅴ：THE COURT'S INTEGRITY AND THE DISCHARGE OF THE JUDICIAL FUNCTION173

A．The Court's Integrity in Respect of its Own Jurisdiction and the Law to be Applied173

1．Jurisdiction175

2．Determination of the law applicable179

3．Equity,equality and decisions ex aequo et bono181

B．The Court's Integrity with Regard to its Jurisprudence．Article 59 of the Statute and the Doctrine of Stare Decisis185

C．The Integrity of the Court in Relation to the Parties Before It189

1．The Composition of the Bench and the Ad hoc Judge190

（a）Disqualification191

（b）Ad hoc Judges192

2．Failure of a Party to Appear: Article 53 of the Statute195

3．'Necessary Parties'and Intervention199

（a）Impact on other States199

（b）Intervention206

CHAPTER Ⅵ：CONCLUSION: THE COURT'S ACHIEVEMENTS213

1．Limitations versus Necessity213

2．The Significance of the Compelling Necessity of World Events218

3．A Statistical Appraisal218

（a）The use of the Court218

（b）The present Court compared with its predecessor219

（c）The nature and kind of disputes tackled or settled224

（ⅰ）Categories of disputes224

（ⅱ）Nature of disputes225

（ⅲ）The number of disputes settled227

（ⅳ）Conclusion228

（d）Access to the Court,bilateral and multilateral230

（e）Litigating States resorting to the Court hail from all continents of the world232

（f）Expedition in disposal of cases235

（ⅰ)Internal procedures of the International Court of Justice pointing to thoroguhness and high standards as the objective rather than promptness in disposal of cases237

（ⅱ）Parties responsible for delay: time consumed by written proceedings241

（iii）Prompt provisional measures in circumstances of urgency243

（ⅳ）The satisfactory disposal of advisory opinions246

4．The Court and the Community248

（a）Catastrophe alone teaches the community248

（b）The repute and reference of the Court249

5．The Court and the Law．The Real Achievement256

（a）The Court's contributions to international law257

（ⅰ）Unity and universality257

（ⅱ）Precision and promotion259

（ⅲ）Clarity,consolidation and confirmation259

（ⅳ）Elaboration and expansion260

（ⅴ）Esteem and elegance260

（b）The significance of the opinion of jurists261

（c）The Court makes the law both benign and beneficial267

ANNEXES273

Ⅰ．List of Cases Cited273

Ⅱ．Statements Concerning the Court by its Presidents or Heads of States287

Ⅲ．Relevant Information about the Court and its Functioning345