안전보장이사회에 의한 분쟁의 국제사법재판소 회부 - 그 가능성과 타당성에 대한 검토 -

At the time of drafting of the United Nations Charter and the Statute of the International Court of Justice, there was an idea to make a kind of compulsory jurisdiction by referring the dispute to the international court through the council’s decision. But this idea did not get the support from every State and could not be finalized. Its remnant is present Article 36, paragraph 3 of the United Nations Charter. And the jurisdiction of the International Court of Justice is only established by the consent of the individual State. The expansion of the Security Council’s Role after the end of the cold war revisited this idea again. There are some views that Security Council can refer the dispute to the International Court of Justice with its resolution under the power of the Chapter 7 of the United Nations Charter. According to this idea, the applicant state may adjudicate the case to the International Court of Justice, on the basis of the Security Council Resolution. Even thought it is possible, the final decision about the jurisdiction of the case will be taken on the International Court of Justice at the phase of the preliminary objection. Because the Article 36, paragraph (6) of the Statute of the International Court of Justice only imposes the power to decide its jurisdiction on itself. International Law is still deeply rooted on the sovereignty of the individual State. In this situation, it is impossible to establish the International Court’s jurisdiction without a State’s consent.