Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The historical evolution of the optional clause

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Non-State Actors and International Law
For more content, see International Community Law Review.

The article provides a detailed analysis of the historical origins of the Optional Clause, spanning over two international conferences and more than two decades. Declarations made under Article 36 (2) of the ICJ Statute, known as the Optional Clause, are a relatively novel way of conferring jurisdiction. They were introduced for the first time in the Statute of the PCIJ as a compromise between states desiring true compulsory jurisdiction and those wishing to retain the traditional consensual character of international adjudication. Today, adherence to the Optional Clause remains stable over the last fifty years. Currently, of the 189 member-states to the UN and Switzerland sixty-four of them have deposited declarations recognizing the compulsory jurisdiction of the Court under Article 36 (2), This brings acceptance of the Optional Clause to approximately 1/3.

Affiliations: 1: Queen Mary, University of London, Department of Law, Mile End Road, London E1 4NS E-mail:


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Non-State Actors and International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation