Compulsory Jurisdiction in International Law
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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.
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Chapter 3: Declarations accepting the compulsory jurisdiction of the Court

Vanda Lamm

Extract

The Statutes of the two World Courts contain very few provisions concerning the declarations made under Article 36, paragraph 2 and the texts thereof. Article 36 of the Statute of the Permanent Court of International Justice is confined to stating that: The Members of the League of Nations and the States mentioned in the Annex to the Covenant may, either when signing or of ratifying the Protocol to which the present Statute is adjoined, or at a later moment, declare that they recognize as compulsory ipso facto and without separate agreement, in relation to any other Member State accepting the same obligation, the jurisdiction of the Court in all or any of the classes of legal disputes concerning: … Under Article 36, paragraph 2 of the Statute of the International Court of Justice, ‘The States parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, the jurisdiction of the Court …’ The cited paragraphs of the two Statutes seem rather similar at first sight, suggesting that the provisions set forth in the Statute of the Permanent Court were practically reproduced in the Statute of the new Court. However, as was already mentioned in the previous chapter, some changes were effected at the San Francisco Conference to the Statute regarding optional clause declarations and thus there are differences which relate among others to the declaring states.

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