The presence of judicial policy demonstrating the particular value guide,philosophical perception,moral inclination,or interest preference in international adjudications has been acknowledged by international law academics either with rule-based thinking or policy-based thinking.International adjudicative bodies use'sources of international law','international legal norms','treaty interpretation','obiter dicta',and'judicial recommendations'to skillfully integrate'judicial policy'into the judgments.This judicial phenomenon results from the ambiguity of international law,the politics of international disputes,and the independence of international adjudicative power.The use of judicial policy by international tribunals has the problem of a'rule of law lacuna'and thus should be based on the rule of law,which can be realized by value-settings,norm-creating and institution-building.China has already appealed to pay attention to judicial policy in international adjudications and could also play a more active role in this process by selecting international judges,submitting proposals to international organizations and conferences and relevant treaty modification proposals.
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