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14 The Title of Jurisdiction

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Chapter Summary

Titles of jurisdiction fall for the most part into one of three types: special agreements, treaties and conventions providing for general or special references to the Court, and declarations accepting the compulsory jurisdiction. Two subdivisions may be noted, namely: declarations deposited with the Secretary-General of the United Nations under Article 36, paragraph 4, of the Statute, and declarations deposited with the Secretary-General of the League of Nations accepting the compulsory jurisdiction of the Permanent Court the effect of which has been transferred to the present Court through Article 36, paragraph 5, of the Statute. The title of jurisdiction may also specify or imply how proceedings are to be instituted, whether by the parties jointly or by one party, and if so which, and whether any preliminary requirements, such as prior recourse to diplomatic negotiations, are to be met before proceedings may be instituted under it.

Keywords: international court; jurisdiction; Permanent Court; Statute

10.1163/ej.9789004139589.i-1892.101
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