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国际法院前法官小田茂，研究国际法庭判决的形成过程。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，可以说，重点是法官如何看待冲突的背景，如何通过合议庭审议维持/修改这种看法，这如何反映在判决的执行部分，以及这一情况如何导致国际法院得出一个很有可能为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）以及法官消化这些论点的方式如何影响每个案件判决的准备达成了许多调查结果和共识。截至目前，我们正在准备我们的贡献，根据司法程序的主题重新组织我们的案例研究的结果。一本暂定名为《国际法庭的法律和程序》的书计划于今年出版，来稿截止日期定为今年7月30日。该书将包括一个逐案分析部分，简要整理案例研究的结果，以便更好地了解国际法庭判决形成过程的多方面问题。作为研究的副产品，研究小组的研究活动所获得的大部分结果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.