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10 J. E. Asia & Int'l L. 511 (2017)
Power, Jurisdiction and Admissibility: Reconceptualizing Procedural Legal Issues in the Interpretative Proceedings under Article 60 of the ICJ Statute

handle is hein.journals/jeasil10 and id is 507 raw text is: 
Article 60 of the ICJ Statute 511


          STUDENT CONTRIBUTION



          Power, Jurisdiction and

          Admissibility:

          Reconceptualizing

          Procedural Legal Issues

          in   the Interpretative

          Proceedings under Article

          60 of the ICJ Statute



          Yi Chao*



          Article 60 of the ICJ Statute provides a mechanism for interpreting a previous
          binding judgment in the event of dispute as to the meaning or scope of that judgment.
          Procedural legal issues such as jurisdiction and admissibility in interpretative
          proceedings under Article 60 are different from those in regular contentious or advisory
          proceedings before the ICJ. The Court has developed a set of concrete rules in its
          jurisprudence under the simple wording of Article 60 to adjudicate on these procedural
          issues. However, a case-by-case examination of the Court's jurisprudence reveals
          that there is still no structurally clear and logically sound framework, because the ICJ
          fails to conceptually divide the issues of 'power,' 'jurisdiction,' and 'admissibility'
          in interpretative proceedings. In order to rectify this problem, this article proposes
          an analytical framework for the ICJ with a clearer conceptualization of the Court's
          'power,' jurisdiction,' and 'admissibility' under Article 60 to clarify the meaning of its
          previous judgments in interpretative proceedings.





* Doctoral Candidate of McGill University. LL.B./LL.M. (Peking). ORCID: http://orcid.org/0000-0001-8746-4462.
  The author might be contacted at yi.chao@mail.mcgill.ca / Address: McGill University Faculty of Law, 3644 Peel St.,
  Montreal H3A lW9 Canada. This research was supported by the China Scholarship Council.
  DOl: http://dx.doi.org/10.14330/jeail.2017.10.2.09


X JEAIL 2 (2017)

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