Compulsory Jurisdiction in International Law

Compulsory Jurisdiction in International Law

Vanda Lamm

The Statute of the Permanent Court of International Justice by the provisions of the optional clause has introduced a system of partial obligatory international adjudication based on the full observance of the voluntary acceptance of the court’s jurisdiction. This timely book offers a wide-ranging survey of the development of the optional clause system, the theoretical and procedural aspects of unilateral declarations of acceptance, and the different reservations added to these declarations. It also seeks to find solutions to the improvement of the system.

Chapter 9: Termination and amendment of declarations of acceptance

Vanda Lamm

Subjects: law - academic, constitutional and administrative law, public international law

Extract

Notwithstanding that neither the Statute of the Permanent Court, nor the present Court’s Statute contain provisions on the termination and amendment of declarations of acceptance, the states have made great use of the possibility for terminating, withdrawing, denouncing, modifying, or amending their declarations of acceptance. They have not only inserted provisions on termination, amendment, etc., in their declarations of acceptance, but also taken the opportunity to terminate or amend their declarations. Before going on further it should be mentioned that the terminology used by states regarding the termination of their declarations of acceptance is far from uniform and the terms ‘termination’, ‘denunciation’ and ‘withdrawal’ are used alternately by states intending to end their declaration of acceptance. In the law of treaties one can find similar terms, but there is a sharp distinction made between the termination and denunciation of a treaty. ‘Termination’ is the broader term, meaning the ending of a treaty – by whatever method that may involve – either by the act of one or all of the contracting parties or the operation of the relevant treaty provision or law in certain events, such as state succession or war.

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