A Classification Analysis of Decisions on Preliminary Objections of the International Court of Justice

• Main Authors: Chen, Bo Ching, 陳伯青
• Other Authors: Huang, Chu Cheng
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/27460960820190686102

碩士 === 國立清華大學 === 科技法律研究所 === 104 === A preliminary objection is an objection to an international tribunal's consideration of a case. At the preliminary objections phase of the proceedings, the court does not consider evidence as to whether the respondent State is responsible for the alleged violations of the international law. As articulated by the International Court of Justice, “the object of a preliminary objection is to avoid not merely a decision on, but even any discussion of the merits.” Essentially, the respondent who files preliminary objections in international proceedings contends that one or more preliminary questions should be examined initially and decided by the court before it reaches the merits of the claim, because a decision upholding a particular objection could make it unnecessary, or even impossible, to deal with the merits of the case. Preliminary objections by the respondent should be differentiated into “the jurisdiction of the Court” and “the admissibility of the application”. This paper is intended as an investigation of the decisions on preliminary objections of the International Court of Justice. Results of this study shows the classification analysis of decisions on preliminary objections and criteria of the subcategories of jurisdiction and admissibility. The paper concludes with implications for theory, research, and practice.