Fundamental Studies on the Judgment and Reasoning of the International Court of Justice as Viewed from its Judgment Formation Process

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The objective of the present research was to invite Shigeru Oda, former Judge of the International Court of Justice, and to study the process of how judgments of international tribunals are formed. In pursuit of this aim, through case studies, we have studied the procedure of the court from the “inside", so to speak, focusing on how the Judges perceived the context of the conflict, how the perception was maintained/modified by collegial deliberation, how this was reflected in the operative part of the judgment, and how this has lead the ICJ to a conclusion that would have a large possibility of substantially contributing to the settlement of the dispute. Moreover, we reached many findings and common understandings on how the arguments of the conflicting parties(arguments of Agents and Counsels) and the manner the judges digested them has influenced the preparation of the judgment in each cases. As of the present, we are preparing our contributions by reorganizing the result of our case studies according to topics in judicial procedure. A book with the provisional title of “The Law and Procedure of International Tribunals" is planned for publication this year, and the deadline for the contribution is set at July 30th of this year. The book will include a case-by-case analysis section that will briefly organize the result of the case studies, to provide greater understanding of the multifaceted aspects of the judgment formation processes of international tribunals. As byproducts of the study, much of the findings gained from the research activities of the study group have already been published as research presentations and articles by individual members.