{"title":"区分国际法院的解释和修改程序","authors":"J. Hébert","doi":"10.1163/15718034-12341422","DOIUrl":null,"url":null,"abstract":"\nThere is a need − both conceptual and practical − to distinguish clearly the procedures applicable to interpretation and revision at the ICJ. To do so, the article first undertakes an analysis of the relevant provisions of the Statute – Articles 60 and 61 – and of the Rules of Court. The differences between both proceedings with regard to their introduction before the Court, the ICJ’s jurisdiction to consider them, and their different admissibility requirements will be addressed. Then, it considers issues pertaining to the relationship between an original judgment – the one to be interpreted or revised – and the judgment in interpretation or revision. The pivotal role of the principle of res judicata is taken into account. Furthermore, the piece attempts to attribute a proper characterisation to interpretation and revision proceedings, as either new cases, incidental proceedings, or a hybrid conception between those two more conventional denominations.","PeriodicalId":42613,"journal":{"name":"Law & Practice of International Courts and Tribunals","volume":"11 1","pages":"200-228"},"PeriodicalIF":0.5000,"publicationDate":"2020-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Distinguishing Interpretation and Revision Proceedings at the International Court of Justice\",\"authors\":\"J. Hébert\",\"doi\":\"10.1163/15718034-12341422\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nThere is a need − both conceptual and practical − to distinguish clearly the procedures applicable to interpretation and revision at the ICJ. To do so, the article first undertakes an analysis of the relevant provisions of the Statute – Articles 60 and 61 – and of the Rules of Court. The differences between both proceedings with regard to their introduction before the Court, the ICJ’s jurisdiction to consider them, and their different admissibility requirements will be addressed. Then, it considers issues pertaining to the relationship between an original judgment – the one to be interpreted or revised – and the judgment in interpretation or revision. The pivotal role of the principle of res judicata is taken into account. Furthermore, the piece attempts to attribute a proper characterisation to interpretation and revision proceedings, as either new cases, incidental proceedings, or a hybrid conception between those two more conventional denominations.\",\"PeriodicalId\":42613,\"journal\":{\"name\":\"Law & Practice of International Courts and Tribunals\",\"volume\":\"11 1\",\"pages\":\"200-228\"},\"PeriodicalIF\":0.5000,\"publicationDate\":\"2020-08-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law & Practice of International Courts and Tribunals\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718034-12341422\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law & Practice of International Courts and Tribunals","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718034-12341422","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Distinguishing Interpretation and Revision Proceedings at the International Court of Justice
There is a need − both conceptual and practical − to distinguish clearly the procedures applicable to interpretation and revision at the ICJ. To do so, the article first undertakes an analysis of the relevant provisions of the Statute – Articles 60 and 61 – and of the Rules of Court. The differences between both proceedings with regard to their introduction before the Court, the ICJ’s jurisdiction to consider them, and their different admissibility requirements will be addressed. Then, it considers issues pertaining to the relationship between an original judgment – the one to be interpreted or revised – and the judgment in interpretation or revision. The pivotal role of the principle of res judicata is taken into account. Furthermore, the piece attempts to attribute a proper characterisation to interpretation and revision proceedings, as either new cases, incidental proceedings, or a hybrid conception between those two more conventional denominations.
期刊介绍:
The Law and Practice of International Courts and Tribunals is firmly established as the leading journal in its field. Each issue will give you the latest developments with respect to the preparation, adoption, suspension, amendment and revision of Rules of Procedure as well as statutory and internal rules and other related matters. The Journal will also provide you with the latest practice with respect to the interpretation and application of rules of procedure and constitutional documents, which can be found in judgments, advisory opinions, written and oral pleadings as well as legal literature.