The Compulsory Jurisdiction of the International Court of Justice

ISBN-13: 9780792319894 / Angielski / Twarda / 1993 / 202 str.

Renata Szafarz

Opis

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 book is the first monograph in English dealing 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 decisions on the ICJ jurisdiction. Chapter II presents the question of ICJ compulsory jurisdiction based on treaty provisions. The central issue, i.e. the ICJ compulsory jurisdiction based on the optional clause, is dealt with in Chapter III. After presenting specific questions, such as the essence of declarations accepting the optional clause, the principle of reciprocity, reservations, formal conditions, etc., the author concentrates in this chapter on the characteristics of the legal system created on the basis of the optional clause.

Spis treści

Abbreviations. Introduction. I. General Problems. 1. Concept of ICJ Jurisdiction. Compulsory Jurisdiction. 2. Basis of ICJ Jurisdiction. 3. Decisions on ICJ Jurisdiction. II. Compulsory Jurisdiction of the ICJ Based Directly on Treaty Provisions. 4. Types of Treaty Provisions Envisaging the Compulsory Jurisdiction of the ICJ. 5. Present Scope of the Compulsory Jurisdiction of the ICJ Based on Treaty Provisions. 6. Treaty Obligations of Poland to Compulsory Jurisdiction of the ICJ. 7. Adjudication of the Court Based on Treaty Provisions. III. Compulsory Jurisdiction of the ICJ Based on the Optional Clause. 8. Unilateral Declarations as a Means of Acceptance of the Optional Clause. 9. Characteristics of the Legal System Created on the Basis of the Optional Clause. 10. Scope of Acceptance of the Optional Clause in Different Periods of the Functioning of the Court. 11. Adjudication of the Court Based on the Optional Clause. Conclusions. Annex 1. Declarations Recognizing as Compulsory the Jurisdiction of the International Court of Justice. Annex 2. List of Contentious Cases Submitted to the Permanent Court of International Justice. Annex 3. List of Contentious Cases Submitted to the International Court of Justice. Index.