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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: 20 June 2019

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...
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