By Compulsory Jurisdiction; But one thing necessary to have for exercising the contentious jurisdiction is that: Mutual Consent of the Parties Before evaluating the jurisdiction of the ICJ, the Article#36(1) of the Statute must be considered. Article 36 1. 2. Only states may be parties in contentious cases before the ICJ. tribunal. The Court had 15 final decisions upon which it voted. “This case is not being brought by India under the court’s compulsory jurisdiction in the ICJ Statute, Article 36(2), as recognised by both India and Pakistan. The function of the ICJ is only to decide international law disputes that states submit, popularly called ‘non ultra petita rule’, and according to Article 36, paragraph 2 of the ICJ Statute, the court’s jurisdiction extends to all “legal disputes” that may arise between states party to the Statute having made a declaration under that provision. In the absence of clear jurisdiction under Article 36, jurisdiction is established if the respondent accepts ICJ jurisdiction explicitly or simply pleads on the merits. The Anglo-Iranian case (U.K. v. Iran) [1952] ICJ Rep. 104: “the Court cannot base itself on a purelv grammatical interpretation of the text. Hence the declaration has no effect whatsoever,” said Shashank Kumar, a Geneva-based public international lawyer, who was the first Indian judicial law-clerk at the ICJ, as well as a legal adviser to the Iran-US Claims Tribunal. Such matters are normally brought before the Court by means of a written application instituting proceedings 3 ; this is a unilateral document which must indicate the subject of the dispute and the parties (Statute, Art. The Republic of Nicaragua v. The United States of America (1986) was a case where the International Court of Justice (ICJ) held that the U.S. had violated international law by supporting the Contras in their rebellion against the Sandinistas and by mining Nicaragua's harbors.. to Article 36, paragraphs 2 and 3, of the ICJ Statute.2 Revels has not recognized the jurisdiction of the Court as compulsory ipso facto.3 Nevertheless, in accordance with Article 36, paragraph 1, of the ICJ Statute, the jurisdiction of the Court comprises all cases which the parties refer to it v. India), 1973 ICJ Rep. 347 (Order of Dec. 15), Pakistan relied, in part, on Article 36(2) of the Statute as the basis for the Court’s jurisdiction. jurisdiction: according to Article 36, paragraph 6, in the event of a dispute as to whether the ICJ has jurisdiction in a given case, the matter shall be settled by a decision of the Court.
The notion arose in the Corfu Channel Case (UK v Albania) (1949), in which the court held that a letter from Albania stating that it submitted to the jurisdiction of the ICJ was sufficient to grant the court jurisdiction.
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