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Vol 21 No 10 Oct/Nov 2016

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The Jurisdiction of the International Court of Justice

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Renata SzafarzAssociate Professor, Institute of Law Studies, Polish Academy of Sciences, Warsaw, Poland

ISBN13: 9780792319894
ISBN: 0792319893
Published: April 1993
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £134.00



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States are increasingly accepting the idea of compulsory jurisdiction for the International Court of Justice and the Court has more cases on its docket than ever before. This monograph deals with the topic in a concise and accurate manner.;Chapter I deals with basic general problems, such as the notion and bases of and the deci-sions on the ICJ jurisdiction. Chapter II presents the question of ICJ compulsory jurisdiction based on treaty provisions. The central issue, ie the ICJ compulsory jurisdiction based on the optional clause, is dealt with in Chapter III. After presenting specific questions, such as the essence of the declarations accepting the optional clause, the principle of reciprocity, reservations, and formal conditions, the author concentrates in this chapter on the characteristics of the legal system created on the basis of the optional clause.

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Contents:
Part 1 General problems: concept of ICJ jurisdiction; compulsory jurisdiction; basis of ICJ jurisdiction; decisions on ICJ jurisdiction.
Part 2 Compulsory jurisdiction of the ICJ based directly on treaty provisions: types of treaty provisions envisaging the compulsory jurisdiction of the ICJ; present scope of the compulsory jurisdiction of the ICJ based on treaty provisions; treaty obligations of Poland to compulsory jurisdiction of the ICJ; adjudication of the court based on treaty provisions.
Part 3 Compulsory jurisdiction of the ICJ based on the optional clause: unilateral declarations as a means of acceptance of the optional clause; characteristics of the legal system created on the basis of the optional clause; scope of acceptance of the optional clause in different periods of the functioning of the court; adjudication of the court based on the optional clause. Appendices: declarations recognizing as compulsory the jurisdiction of the International Court of Justice; list of contentious cases submitted to the permanent court of international justice; list of contentious cases submitted to the International Court of Justice.