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Vol 21 No 10 Oct/Nov 2016

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Compulsory Jurisdiction in International Law


ISBN13: 9781783473205
Published: August 2014
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £90.00



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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.

Subjects:
Public International Law
Contents:
1. A Short History of the Arbitral Settlement of Interstate Disputes till the Establishment of the PCIJ
2. The Legislative History of the Optional Clause and its Conception
3. Declarations Accepting the Compulsory Jurisdiction of the Court
4. Admissibility of Reservations to Declarations of Acceptence
5. The Legal Character of the Optional Clause System
6. Reciprocity and the System of Optional Clause Declarations
7. Generally Accepted Reservations to Declarations of Acceptance
8. Destructive Reservations
9. Termination and Amendment of Declarations of Acceptance
10. Objecting to the Court’s Jurisdiction
11. Reconsidering the Optional Clause System