联合国安理会决议司法审查机制的构建——以国际法院司法审查为研究视角

Construction of Judicial Review of Security Council of UN——From the Perspective of ICJ

冷战结束后安理会决议合法性面临新的挑战,构建国际法院司法审查机制变得更为迫切和必要。实践中也出现了多主体对安理会决议的间接审查,严重削弱了安理会的权威。国际法院虽然没有正式承认其有司法审查权,在实践中已经表示出对安理会决议合法性的高度专注和担忧,并进行一定程度的司法审查。相比之下国际法院主体上更适格、管辖范围与安理会更为接近,构建国际法院司法审查制度更具可行性。

Since the end of Cold War,Security Council of UN had faced new threats and challenges to legality of its resolutions.It became more urgent to establish judicial review mechanism of International Court of Justice.In practice the resolutions of Security Council have been indirectly reviewed in many ways which posed serious damage to the authority of Security Council.Though ICJ did not claim to have right of judicial review officially,judges had to pay much attention to the problem of legality of Security Council’s resolutions and conduct judicial review to certain extend.Comparatively,ICJ was more appropriate to carry out the right of judicial review for it is ranked with Security Council as the same level and its jurisdiction was similar with Security Councils’.Construction of judicial review by ICJ was more feasible.