国際紛争の解決における国連・安保理と国際司法裁判所 : イスラエル隔離壁建設事件の判決から両者関係の再検討

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9 July 2004 International Court of Justice (ICJ) gave an advisory opinion to answer the question from United Nations General Assembly about the "Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory". In the opinnion ICJ recognised a fact that ICJ and Security Council (SC) and the General Assembly together resolve a same dispute. ICJ pointed that when the General Assembly decided to request an advisory opinion from ICJ, as the SC was at that time unable to adopt a resolution concerning a crisis as like the construction of a wall in the occupied Palestinian territory, as a result of the negative vote of a permanent member. I found the "Construction of a wall case" and the judicial process, the legal result, are very alike the "Lockerbie case" (1990). The "Lockerbie case" showed us the relation between ICJ and SC, and that brought a relative problem that is the judicial review by ICJ. Both the relation and judicial review by ICJ are new and important problems for international law. I researched these problems in some papers. The "Construction of a wall case" showed us same problems with the "Lockerbie case". In this paper I found that in the "Construction of a wall case" the relation between ICJ and SC becames friendly, and softly more and more. They are a true partner, not sharply, not antagonistic, as some international lawyers and scholars predicted. I want to say that the relation between ICJ and SC, and their practice always show us some important things about international law. So we must study these things rather than from books, because international law is a active law and meet with problems that come from the whole world every day.

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何鳴
文教大学国際学部非常勤

国際紛争の解決における国連・安保理と国際司法裁判所 : イスラエル隔離壁建設事件の判決から両者関係の再検討

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