Jurisdiction of the International Court of Justice

Xue Hanqin, LLM, JSD (Columbia); currently Judge of the International Court of Justice; former Director-General of the Treaty and Law Department of Ministry of Foreign Affairs of China; member of the International Law Commission (2001-2010); member of Institut de droit international; Vice President of the Chinese Society of International Law; President of the Asian Society of International Law (2009-2011).

1 Introduction
 1 A Historical Review
  a European Arbitrations in the 19th Century and the Permanent Court of Arbitration
  b The First World Court—pcij
  c The World Court under a New Order
 2 A Hindsight—70 Years’ Experience
  a The Initial Success—1946 to 1965
  b A Dormant Period—1966 to 1984
  c Towards a Revival—1985 to 1990
  d New Challenges—1991 to the Present

2 The General Concepts
 1 The Concept of Jurisdiction at International Level
 2 Competence and Jurisdiction
 3 Jurisdiction and Admissibility
 4 Justiciability
 5 Judicial Propriety
 6 Non-appearance

3 Basic Rules and Principles—Part One
 1 The Importance of the Principle of Consent
 2 Modes of Expression of Consent
  a Consent Granted by Agreements
  b Consent Conferred by a Declaration of Acceptance of Compulsory Jurisdiction
  c Consent Based on Forum Prorogatum
  d Consent Derived from Other Sources
 3 Mutuality and Reciprocity
  a Scope of Consent
  a Reservations and Conditions Attached to the Consent
 4 Withdrawal of Consent

4 Basic Rules and Principles—Part Two
 1 The Principle of Finality, res judicata
  a The Concept of res judicata
  b What Constitutes res judicata
 2 Article 59 of the Statute—The res inter alios acta rule
  a The Scope of res inter alios acta
  a Protection of the Interest of the Third Party
 3 The Monetary Gold Rule
 4 The non ultra petita Rule

5 Preconditions for the Exercise of Jurisdiction
 1 Existence of a Dispute
  a The Notion of a Dispute
  b Determination of the Existence of a Dispute
  c The Relevant Date and the Existence of a Dispute
  d The Subject-matter of a Dispute
 2 Negotiation and Other Preconditions for the Seisin of the Court
  a Prior Negotiation as a Condition
  b Precondition Attached to Declarations Accepting Compulsory Jurisdiction of the Court
  c Precondition in a Compromissory Clause

6 Competent Parties—Jurisdiction Ratione Personae
 1 States—Access to the Court and Jurisdiction ratione personae
  a Members of the United Nations
  b Non-members of the United Nations
  c Access to the Court in Case of State Succession
  d The Role of States in Advisory Proceedings
 2 International Organizations
  a The Role in Contentious Cases
  a Requests for Advisory Opinions
 3 Jurisdictional Issues in Incidental Proceedings
  a Interim Protection
  a Intervention
  c Counter-Claims

7 Subject-Matter Jurisdiction and Temporal Jurisdiction
 1 Jurisdiction ratione materiae
  a The Concept of Subject-Matter Jurisdiction
  b The Title of Jurisdiction
  c Multiple Titles of Jurisdiction
  d Identification of the Subject-Matter
  e Jurisdiction ratione materiae and Obligations erga omnes
 2 Jurisdiction ratione temporis

8 Objections to Jurisdiction and Admissibility
 1 Jurisdiction as a Matter for the Court to Decide
 2 Preliminary Phase—Possible Bifurcation of the Proceedings
 3 Decisions on Preliminary Questions

Conclusion

Bibliography
List of Cases
Index