국제사법재판소와 안전보장이사회의 권한충돌

• 영문명: Relationship between the International Court of Justice and the Security Council - In the Light of the Jurisprudence of the International Court of Justice -
• 발행기관: 국제법평론회
• 저자명: 최지현(CHOI Jee Hyun)
• 간행물 정보: 『국제법평론』제33호, 71~97쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.04.30

영문 초록

Even though the UN Security Council is a political body, it simultaneously has a function of resolving international disputes. The Chapter 6 of the United Nations Charter articulates the Security Council’s dispute settling function and the Chapter 7 assumes the legal effect of the Security Council resolution. A critical question, therefore, is that whether there is a possibility that the legally binding Security Council resolution would conflict with the ICJ’s judicial decision. Apparently, ICJ decisions recognize the possibility of the concurrent hearing of the identical case with the Security Council. The reasoning behind is that as long as the Security Council is a political institution where as ICJ is a judicial one, each implements its separate yet complementary functions. Furthermore, ICJ decisions do not posit a conflict between the Security Council and the ICJ. Therefore, in a crude sense, ICJ cannot decide against the Security Council resolution. This reasoning initially appeared in the Lockerbie case in regard to provisional measures, and it was confirmed its status as a precedent by the Armed Activities on the Territory of the Congo case. Moreover, arguably, the judicial review of the Security Council resolution by the ICJ is not a possibility. Even though there is no precedent ICJ case regarding this issue, when there is no explicit stipulation in the UN Charter regarding the possibility of the review, it is reasonable to conclude that it is not permitted.

목차

Ⅰ. 서론

Ⅱ. 유엔헌장의 관련 규정 고찰

Ⅲ. 동시심리 가능성

Ⅲ. 상충하는 재판청구 가능성

Ⅳ. 사후 사법심사 가능성

Ⅴ. 결론

〈Abstract〉

키워드

안전보장이사회 국제사법재판소 동시심리 안전보장이사회와 국제사법재판소의 권한충돌 안전보장이사회 결의에 대한 사법심사 테헤란 인질 사건 로커비 사건 콩고영토내 무력활동 사건 Security Council International Court of Justice concurrent consideration conflicts between the Security Council and the International Court of Justice judicial review of the Security Council resolution Teheran Hostage case Lockerbie case Armed Activities on the Territory of the Congo case