Does ICJ have jurisdiction over China?

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It settles legal disputes between states and gives advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. The ICJ is based on the consent of the states to which it is open.

States can express their consent in different ways, such as by special agreement, by treaty or convention, or by declaration recognizing the jurisdiction of the Court as compulsory. China has not accepted the compulsory jurisdiction of the ICJ, which means that it does not recognize the Court’s authority to decide any legal dispute concerning it without its specific consent.

China is not alone in this position; among the permanent members of the UN Security Council, only the UK currently accepts the compulsory jurisdiction of the Court. China has also not consented to any individual or interstate communication procedures under human rights treaties that would allow complaints against it to be brought before international tribunals or committees.

However, China has participated in some cases before the ICJ based on special agreements or treaties. For example, in 1999, China and Mongolia jointly notified the Court of a special agreement to submit a boundary dispute to the ICJ for a final and binding decision. The Court delivered its judgment in 2002, which was accepted by both parties.

In 2003, China appeared before the Court as an intervener in a case concerning sovereignty over certain islands in the South China Sea, brought by Malaysia and Indonesia against the Philippines. China invoked its rights and interests under the UN Convention on the Law of the Sea (UNCLOS), to which it is a party.

China’s attitude towards international dispute settlement is evolving and depends on various factors, such as its economic and political interests, its perception of international law and order, and its confidence in its legal capacity and influence. China is generally reluctant to accept international adjudication on issues of sovereignty, such as territorial or maritime disputes, preferring political or diplomatic approaches instead.

However, in areas where multilateral action is required to protect its interests, such as trade and investment, China is more willing to participate in international adjudication. China is an active player in the World Trade Organization’s dispute settlement mechanism and has increasingly accepted international arbitration for investment disputes.