국제사법재판소의 확대관할권에 관한 연구

A Study on the Forum Prorogatum of the International Court of Justice

The concept of the forum prorogatum originates from the Roman Law, which has the meaning of the extension of jurisdiction. The PCIJ Statute and the PCIJ Rules of Court did not have the rule about the forum prorogatum, which has been introduced into the international judicial procedures by the jurisprudence of Permanent Court of International Justice(PCIJ). So to speak, the forum prorogatum is a kind of case law developing through the jurisprudence of PCIJ and ICJ. International Court of Justice(ICJ) inherited this notion from PCIJ. The forum prorogatum had been used by the States until the 1978 Rules of Court was enacted. The 1978 Rules of Court made a limitation on the forum prorogatum. Before 1978, when an Applicant State took the case to the Court without any basis of jurisdiction and with expecting the forum prorogatum, ICJ informed all States of the fact that the case was brought to the Court and registered it to the General List of the Court. But after this 1978 Rules of Court, even though an Applicant brings a case to the Court, ICJ will not institute the proceedings and register it to the General List. Because of the 1978 Rules of Court, no more State has brought cases to the Court, expecting the forum prorogatum. But after 2000, in two ICJ cases(Certain Criminal Proceedings in France case, Certain Questions of Mutual Assistance in Criminal Matters case), the forum prorogatum has come to be used as the basis of jurisdiction. It can be said that the forum prorogatum still has its life as a jurisdictional basis at the ICJ. So this article examines the formulation of the forum prorogatum by PCIJ(Chapter Ⅱ), forum prorogatum's compatability with the ICJ Statutes(Chapter Ⅲ), the Respondent State's consent on the forum prorogatum(Chapter Ⅳ), the Article 38(5) of the Rules of Court(Chapter Ⅴ) and provisional measures in the matter of the forum prorogatum(Chapter Ⅵ).