소제기 방식과 요건에 관한 연구 - ICJ의 소송절차를 중심으로 -

The contentious jurisdiction of the ICJ is based on parties’ consent. States give their consent through various means including special agreement, judicial clause included in bilateral and multilateral treaties, acceptance of optional clause and acceptance of the Court’s jurisdiction after application. ICJ Statutes stipulates two methods of instituting proceedings: notification of special agreement and application. When it comes to notification of special agreement, one party or parties may institute proceedings by submitting the special agreement to the ICJ. A party may unilaterally institute a proceeding by application, which includes subjects of disputes and submission. The subjects of disputes and submission included in application may restrict the parties’s freedom to amend or complement them in later stages such as memorial and oral proceedings. It is up to defendants whether only to raise preliminary objections, to request dismissal of the claims, or to raise their claims by making counter-claims, taking into account the outcome of the trial. Filing counter-claims is likely to contribute to strengthening defendants’ position. When filing counter-claims by counter-memorial, the jurisdictional link and direct connection with the subject matter of the claim should be taken into account.