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12 The Compulsory Jurisdiction (Optional Clause)

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Chapter Summary

The proposal to introduce a system of compulsory jurisdiction by means of a unilateral declaration of a State indicating its acceptance of the jurisdiction of the Court, and not to imply it in the Statute of the Permanent Court, was the result of a compromise suggested by the Brazilian delegate Raoul Fernandes. A combination of State practice and the Court's case law indicates several consequences for the State making the declaration of the deposit of that instrument with the Secretary-General. The place of reciprocity in the system of the compulsory jurisdiction became obscured during the period of the Permanent Court owing to confusion in State practice, in pronouncements of that Court and in the literature. A notable feature of declarations made under Article 36, paragraph 2, of the Statute is the presence of different forms of temporal limitations on the scope of the jurisdiction accepted by the declarant State.

Keywords: compulsory jurisdiction; Permanent Court



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