Does the ICJ have jurisdiction of the facts?
Understand the Problem
The question describes a scenario where two states, A and B, have a treaty with a dispute resolution clause referring to the ICJ. State B withdrew its optional clause declaration before State A invoked the treaty regarding facts that occurred after the withdrawal. The question asks whether the ICJ has jurisdiction in this situation, focusing on the timing of the withdrawal and its effect on pre-existing treaty obligations.
Answer
The ICJ has jurisdiction over legal disputes between consenting states, based on international law.
The ICJ's jurisdiction is based on the consent of the states involved. It handles legal disputes submitted to it by States, in accordance with international law. The ICJ's jurisdiction includes interpreting treaties, any question of international law, the existence of any fact which, if established, would constitute a breach of an international obligation, the nature or extent of the reparation to be made for the breach of an international obligation.
Answer for screen readers
The ICJ's jurisdiction is based on the consent of the states involved. It handles legal disputes submitted to it by States, in accordance with international law. The ICJ's jurisdiction includes interpreting treaties, any question of international law, the existence of any fact which, if established, would constitute a breach of an international obligation, the nature or extent of the reparation to be made for the breach of an international obligation.
More Information
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The Seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York.
Tips
Jurisdiction is often a crucial question for the court in contentious cases. The key principle is that the ICJ has jurisdiction only on the basis of consent.
Sources
- How the Court Works | INTERNATIONAL COURT OF JUSTICE - icj-cij.org
- Jurisdiction | INTERNATIONAL COURT OF JUSTICE - icj-cij.org
- Basis of the Court's jurisdiction - icj-cij.org
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