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Max Planck Encyclopedia of Public International Law [MPEPIL]

International Court of Justice, Optional Clause

Malgosia Fitzmaurice

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedias of International Law [MPIL]

Module:
Max Planck Encyclopedia of Public International Law [MPEPIL]
Article last updated:
February 2021

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 18 January 2025

Subject(s):
International organizations, practice and procedure — Jurisdiction

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 The term optional clause refers to Art. 36 (2)–(5) Statute of the International Court of Justice (‘ICJ Statute’; International Court of Justice [ICJ]). This provides a mechanism, which enables parties to the Statute to lodge an optional clause declaration under which, subject to a number of provisos which are described below, they recognize the jurisdiction of the ICJ as compulsory as between themselves and other parties to the Statute which have made similar declarations (Optional Clause Declarations: International Court of Justice [ICJ]; International Courts...
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