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

本研究的目的是邀请前国际法院法官小田茂，研究国际法庭的判决是如何形成的过程。为了实现这一目标，我们通过案例研究，从“内部”研究了法院的程序，也就是说，侧重于法官如何感知冲突的背景，这种感知如何通过合议维持/修改，这如何反映在判决的执行部分，以及这如何导致国际法院得出一个有很大可能对解决争端作出实质性贡献的结论。此外，我们就冲突各方的论点（代理人和律师的论点）以及法官消化论点的方式如何影响每个案件的判决准备达成了许多结论和共同理解。截至目前，我们正在根据司法程序的主题重组我们的案例研究结果，以准备我们的贡献。一本暂定名为《国际法庭的法律与程序》的书计划于今年出版，投稿截止日期为今年7月30日。这本书将包括一个个案分析部分，将简要地组织案例研究的结果，以提供对国际法庭判决形成过程的多方面的更深入的了解。作为这项研究的副产品，从研究小组的研究活动中获得的许多发现已经作为研究报告和个人成员的文章发表。

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.