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Max Planck Encyclopedia of Public International Law [MPEPIL]

International Court of Justice, Optional Clause

Malgosia Fitzmaurice

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 01 June 2020

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

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The term optional clause refers to Art. 36 (2)–(5) Statute of the International Court of Justice (ICJ) (‘ICJ Statute’). 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 (International Courts and Tribunals, Jurisdiction and Admissibility of Inter-State Applications). As between such parties,...
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