UN의 분쟁해결제도와 ICJ의 역할

• 영문명: The Role of the ICJ in the Settlement of Disputes by the UN: Some Implications of the Corfu Channel Case for Korea
• 발행기관: 국제법평론회
• 저자명: 박현석(Park Hyun Seok)
• 간행물 정보: 『국제법평론』제43호, 1~22쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.02.28

영문 초록

This paper aims at showing that the Corfu Channel case brought before the ICJ, the principal judicial organ of the UN, has some indirect implications for Korea. Albania’s declaration accepting the jurisdiction of the ICJ for the Corfu Channel case in accordance with Security Council Resolution 9 (1946) was followed by Japan’s general declaration in 1951. In 1954, Japan tried to get a Security Council resolution by which the Council would recommend Korea and Japan to refer the alleged Liancourt Rocks dispute to the ICJ, as the Council recommended Albania and the U.K. to refer the Corfu Channel case to the ICJ by its Resolution 22 (1947) under Article 36, paragraph 3, of the UN Charter. A Security Council resolution, however, could not confer compulsory jurisdiction on the ICJ, as stated in the Aerial Incident of 1999 case. Evidential issues raised and decided in the Corfu Channel case, such as proof by circumstantial evidence, would also likely be invoked in similar cases.

목차

Ⅰ. 머리말

Ⅱ. ICJ규정 비당사국의 지위

Ⅲ. 안전보장이사회에 의한 ICJ회부

Ⅳ. 사실의 입증과 증거제출 협력의무

Ⅴ. 맺음말

키워드

코르푸해협 사건 ICJ 안전보장이사회 관할권 증거 Corfu Channel Case ICJ Security Council Jurisdiction Evidence