2002•Journal of Wuhan University of Science and TechnologyRequires access

On the Administrative and Judicial Functions of International Court

Deng Lie

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Abstract

It's widely held in the academic circle that the judicial functions of the international court are to resolve the country conflict and to provide counseling for the United Nations agencies. Yet, our studies show that the international court has actually established a comprehensive judicial solution mechanism for the cases between the court authority and the court staff by means of its secondary law making. This means that, beside the two judicial functions mentioned before, the international court has an administrative function, which turns the international court into its own administrative court. The author holds that, though this development is necessary and beneficial to the international court, it invites theoretical doubts and goes against the International Court Convention, which is worthy of close attention.

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What this paper is about

It's widely held in the academic circle that the judicial functions of the international court are to resolve the country conflict and to provide counseling for the United Nations agencies. Yet, our studies show that the international court has actually established a comprehensive judicial solution mechanism for the cases between the court authority and the court staff by means of its secondary law making. This means that, beside the two judicial functions mentioned before, the international court has an administrative function, which turns the international court into its own administrative court. The author holds that, though this development is necessary and beneficial to the international court, it invites theoretical doubts and goes against the International Court Convention, which is worthy of close attention.

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Available abstract

It's widely held in the academic circle that the judicial functions of the international court are to resolve the country conflict and to provide counseling for the United Nations agencies. Yet, our studies show that the international court has actually established a comprehensive judicial solution mechanism for the cases between the court authority and the court staff by means of its secondary law making. This means that, beside the two judicial functions mentioned before, the international court has an administrative function, which turns the international court into its own administrative court. The author holds that, though this development is necessary and beneficial to the international court, it invites theoretical doubts and goes against the International Court Convention, which is worthy of close attention.

Key concepts: Law, Court of record, International court, Political science, Court of equity, Majority opinion, International law, Convention

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