Statuut van het Internationaal Gerechtshof
Partijen met voorbehouden, verklaringen en bezwaren
Australië
22-03-2002
The Government of Australia declares that it recognises as compulsory ipso facto and
without special agreement, in relation to any other State accepting the same obligation,
the jurisdiction of the International Court of Justice in conformity with paragraph
2 of Article 36 of the Statute of the Court, until such time as notice may be given
to the Secretary-General of the United Nations withdrawing this declaration. This
declaration is effective immediately.
This declaration does not apply to:
(a) any dispute in regard to which the parties thereto have agreed or shall agree
to have recourse to some other method of peaceful settlement;
(b) any dispute concerning or relating to the delimitation of maritime zones, including
the territorial sea, the exclusive economic zone and the continental shelf, or arising
out of, concerning, or relating to the exploitation of any disputed area of or adjacent
to any such maritime zone pending its delimitation;
(c) any dispute in respect of which any other party to the dispute has accepted the
compulsory jurisdiction of the Court only in relation to or for the purpose of the
dispute; or where the acceptance of the Court's compulsory jurisdiction on behalf
of any other party to the dispute was deposited less than 12 months prior to the filing
of the application bringing the dispute before the Court.
Barbados
01-08-1980
The Government of Barbados accepts as compulsory, ipso facto, and without special
agreement, on condition of reciprocity, the jurisdiction of the International Court
of Justice in conformity with paragraph 2 of Article 36 [of the Statute] of the Court
until such time as notice might be given to terminate the acceptance, over all disputes
arising after the declaration is made, other than:
(a) disputes in regard to which parties have agreed or shall agree to have recourse
to some other method of peaceful settlement;
(b) disputes with the Government of any other country which is a member of the Commonwealth
of Nations, all of which disputes shall be settled in such manner as the parties have
agreed or shall agree;
(c) disputes with regard to questions which by international law fall exclusively
within the jurisdiction of Barbados;
(d) disputes arising out of or concerning jurisdiction or rights claimed or exercised
by Barbados in respect of the conservation, management or exploitation of the living
resources of the Sea, or in respect of the prevention or control of pollution or contamination
of the marine environment in marine areas adjacent to the coast of Barbados.
België
17-06-1958
I declare on behalf of the Belgian Government that I recognize as compulsory ipso
facto and without special agreement, in relation to any other State accepting the
same obligation, the jurisdiction of the International Court of Justice, in conformity
with Article 36, paragraph 2 of the Statute of the Court, in legal disputes arising
after 13 July 1948 concerning situations or facts subsequent to that date, except
those in regard to which the parties have agreed or may agree to have recourse to
another method of pacific settlement.
This declaration is made subject to ratification. It shall take effect on the day
of deposit of the instrument of ratification [=17-06-1958] for a period of five years.
Upon the expiry of that period, it shall continue to have effect until notice of its
termination is given.
Botswana
16-03-1970
[...] to declare on behalf of the Government of the Republic of Botswana, that it
recognises as compulsory ipso facto and without special agreement, on condition of
reciprocity, the jurisdiction of the International Court of Justice, in accordance
with paragraph 2 of Article 36 of the Statute of the Court.
This Declaration does not extend:
(a) to disputes in respect of which the parties have agreed or shall agree to have
recourse to another means of peaceful settlement; or
(b) to disputes relating to matters which, by international law, are essentially within
the domestic jurisdiction of the Republic of Botswana.
The Government of the Republic of Botswana also reserves the right at any time, by
means of a notification addressed to the Secretary-General of the United Nations,
and with effect as from the moment of such notification, either to add to, amend or
withdraw any of the foregoing reservations, or any that may hereafter be added.
Bulgarije
24-06-1992
On behalf of the Government of the Republic of Bulgaria, I have the honour to declare
that in conformity with Article 36, paragraph 2, of the Statute of the International
Court of Justice the Republic of Bulgaria recognizes as compulsory ipso facto and
without special agreement, in relation to any other State accepting the same obligation,
the jurisdiction of the Court in all legal disputes arising out of facts and situations
subsequent to or continuing to exist after the entry into force of the present Declaration,
concerning:
1. the interpretation of a treaty;
2. any question of international law;
3. the existence of any fact which, if established, would constitute a breach of an
international obligation;
4. the nature or extent of the reparation to be made for the breach of an international
obligation,
except for disputes with any State which has accepted the compulsory jurisdiction
of the International Court of Justice under Article 36, paragraph 2, of the Statute
less than twelve months prior to filing an application bringing the dispute before
the Court or where such acceptance has been made only for the purpose of a particular
dispute.
The Republic of Bulgaria also reserves the right at any time to modify the present
Declaration, the modifications taking effect six months after the deposit of the notification
thereof.
The present Declaration shall be in force for a period of five years from the date
of its deposit with the Secretary-General of the United Nations. It shall continue
in force thereafter until six months after a notice of its denunciation is given to
the Secretary-General of the United Nations.
02-12-2015
[…] the Declaration made by the Government of the Republic of Bulgaria on 24 June
1992 is modified as follows:
After the expression “except for” the following text is to be inserted: “disputes
arising under the United Nations Convention on the Law of the Sea or any other multilateral
or bilateral treaty or agreement on the law of the sea, or customary international
law on the sea, including but not limited to disputes concerning navigational rights,
exploration and exploitation of living and nonliving natural resources, protection
and preservation of the marine environment, delimitation of maritime boundaries and
areas, and for ....”.
Thereby, the consolidated text of the Declaration of the Republic of Bulgaria recognizing
as compulsory the jurisdiction of the International Court of Justice under Article
36, paragraph 2, of the Statute of the Court should read as follows:
“In conformity with Article 36, paragraph 2, of the Statute of the International Court
of Justice the Republic of Bulgaria recognizes as compulsory ipso facto and without
special agreement, in relation to any other State accepting the same obligation, the
jurisdiction of the Court in all legal disputes arising out of facts and situations
subsequent to or continuing to exist after the entry into force of the present Declaration,
concerning:
1. the interpretation of a treaty;
2. any question of international law;
3. the existence of any fact which, if established, would constitute a breach of an
international obligation;
4. the nature or extent of the reparation to be made for the breach of an international
obligation,
except for disputes arising under the United Nations Convention on the Law of the
Sea or any other multilateral or bilateral treaty or agreement on the law of the sea,
or customary international law on the sea, including but not limited to disputes concerning
navigational rights, exploration and exploitation of living and non-living natural
resources, protection and preservation of the marine environment, delimitation of
maritime boundaries and areas, and for disputes with any State which has accepted
the compulsory jurisdiction of the International Court of Justice under Article 36,
paragraph 2, of the Statute less than twelve months prior to filing an application
bringing the dispute before the Court or where such acceptance has been made only
for the purpose of a particular dispute.
The Republic of Bulgaria also reserves the right at any time to modify the present
Declaration, the modifications taking effect six months after the deposit of the notification
thereof.
The present Declaration shall be in force for a period of five years from the date
of its deposit with the Secretary-General of the United Nations. It shall continue
in force thereafter until six months after a notice of its denunciation is given to
the Secretary-General of the United Nations."
Cambodja
19-09-1957
On behalf of the Royal Government of Cambodia I have the honour to declare that, in
accordance with Article 36, paragraph 2 of the Statute of the International Court
of Justice, I recognize as compulsory ipso facto and without special agreement, in
relation to any other State Member of the United Nations, accepting the same obligation,
that is to say on condition of reciprocity, the jurisdiction of the said Court in
all legal disputes, other than:
1. Disputes in regard to which the Parties to the dispute have agreed or shall agree
to have recourse to some other method of peaceful settlement;
2. Disputes with regard to questions which by international law fall exclusively within
the jurisdiction of the Kingdom of Cambodia;
3. Disputes relating to any matter excluded from judicial settlement or compulsory
arbitration by virtue of any treaty, convention or other international agreement or
instrument to which the Kingdom of Cambodia is a party.
This declaration is valid for ten years from the date of its deposit. It shall remain
in force thereafter until notice to the contrary has been given by the Royal Government
of Cambodia.
Canada
10-05-1994
On behalf of the Government of Canada,
(1) I give notice that I hereby terminate the acceptance by Canada of the compulsory
jurisdiction of the International Court of Justice hitherto effective by virtue of
the declaration made on 10 September 1985 in conformity with paragraph 2 of Article
36 of the Statute of the Court.
(2) I declare that the Government of Canada accepts as compulsory ipso facto and without
special convention, on condition of reciprocity, the jurisdiction of the International
Court of Justice, in conformity with paragraph 2 of Article 36 of the Statute of the
Court, until such time as notice may be given to terminate the acceptance, over all
disputes arising after the present declaration with regard to situations or facts
subsequent to this declaration, other than:
(a) disputes in regard to which parties have agreed or shall agree to have recourse
to some other method of peaceful settlement;
(b) disputes with the Government of any other country which is a member of the Commonwealth,
all of which disputes shall be settled in such manner as the parties have agreed or
shall agree;
(c) disputes with regard to questions which by international law fall exclusively
within the jurisdiction of Canada; and (d) disputes arising out of or concerning conservation
and management measures taken by Canada with respect to vessels fishing in the NAFO
Regulatory Area, as defined in the Convention on Future Multilateral Co-operation
in the Northwest Atlantic Fisheries, 1978, and the enforcement of such measures.
(3) The Government of Canada also reserves the right at any time, by means of a notification
addressed to the Secretary-General of the United Nations, and with effect as from
the moment of such notification, either to add to, amend or withdraw any of the foregoing
reservations, or any that may hereafter be added.
28-08-2023
On behalf of the Government of Canada,
(1) I give notice that I hereby terminate the acceptance by Canada of the compulsory
jurisdiction of the International Court of Justice hitherto effective by virtue of
the declaration made on 10 May 1994 in conformity with paragraph 2 of Article 36 of
the Statute of the Court.
(2) I declare that the Government of Canada accepts as compulsory ipso facto and without
special convention, on condition of reciprocity, the jurisdiction of the International
Court of Justice, in conformity with paragraph 2 of Article 36 of the Statute of the
Court, until such time as notice may be given to terminate the acceptance, over all
disputes arising after 10 May 1994, with regard to situations or facts subsequent
to the same date, other than:
(a) disputes in regard to which the parties have agreed or shall agree to have recourse
to some other method of peaceful settlement;
(b) disputes with the government of any other country which is a member of the Commonwealth,
all of which disputes shall be settled in such manner as the parties have agreed or
shall agree;
(c) disputes with regard to questions which by international law fall exclusively
within the jurisdiction of Canada;
(d) disputes in respect of which any other party to the dispute has accepted the compulsory
jurisdiction of the International Court of Justice only in relation to or for the
purpose of the dispute; or where the acceptance of the Court’s compulsory jurisdiction
on behalf of any other party to the dispute was deposited or ratified less than twelve
months prior to the filing of the application bringing the dispute before the Court;
(e) disputes or claims in respect of which the dispute or claim in question has not
been notified to Canada by the State or States concerned in writing, including of
an intention to submit the dispute or claim to the Court failing an amicable settlement,
at least six months in advance of the submission of the dispute or claim to the Court;
and
(f) disputes arising out of or concerning conservation and management measures taken
by Canada with respect to vessels fishing in the NAFO Regulatory Area, as defined
in the Convention on Future Multilateral Co-operation in the Northwest Atlantic Fisheries,
1978, and the enforcement of such measures.
(3) The Government of Canada also reserves the right at any time, by means of a notification
addressed to the Secretary-General of the United Nations, and with effect as from
the moment of such notification, either to add to, amend or withdraw any of the foregoing
reservations, or any that may hereafter be added.
It is requested that this notification be communicated to the governments of all the
States that have accepted the Optional Clause and to the Registrar of the International
Court of Justice.
[...]
Congo, Democratische Republiek
08-02-1989
[...] I have the honour to make the following declaration on behalf of the National
Executive Council (Government) of the Republic of Zaire, in accordance with Article
36, paragraph 2, of the Statute of the International Court of Justice:
The Executive Council of the Republic of Zaire recognizes as compulsory ipso facto
and without special agreement, in relation to any other State accepting the same obligation,
the jurisdiction of the Court in all legal disputes concerning:
(a) The interpretation of a treaty;
(b) Any question of international law;
(c) The existence of any fact which, if established, would constitute a breach of
an international obligation;
(d) The nature or extent of the reparation to be made for the breach of an international
obligation.
It is understood further that this declaration will remain in force until notice of
its revocation is given.
Costa Rica
20-02-1973
The Government of Costa Rica recognizes as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in all legal disputes of the kinds referred to in Article 36, paragraph 2, of the Statute of the International Court of Justice. This Declaration shall be valid for a period of five years and shall be understood to be tacitly renewed for like periods, unless denounced before the expiration of the said period.
Cyprus
03-09-2002
I have the honour on behalf of the Government of the Republic of Cyprus to declare,
in conformity with paragraph 2 of Article 36 of the Statute of the International Court
of Justice, that the Republic of Cyprus accepts as compulsory ipso facto and without
special agreement, on condition of reciprocity, the jurisdiction of the Court, in
relation to any other State accepting the same obligation, over all legal disputes
concerning:
(a) the interpretation of any treaty
I. to which the Republic of Cyprus became a party on or after 16 August 1960 or
II. which the Republic of Cyprus recognizes as binding on it by succession;
(b) any question of international law;
(c) the existence of any fact which, if established, would constitute a breach of
an international obligation.
(d) the nature or extent of the reparation to be made for the breach of an international
obligation.
Provided that this declaration shall not apply:
i. To disputes in respect of which any other Party to the dispute has accepted the
compulsory jurisdiction of the International Court of Justice only in relation to
or for the purpose of the dispute; or where the acceptance of the Court's compulsory
jurisdiction on behalf of any other Party to the dispute was deposited or ratified
less than twelve months prior to the filing of the application bringing the dispute
before the Court.
ii. To disputes relating to questions which fall within the domestic jurisdiction
of the Republic of Cyprus.
2. The Government of Cyprus also reserves the right at any time, by means of a notification
addressed to the Secretary-General of the United Nations, and with effect as from
the moment of such notification, either to add to, amend or withdraw this Declaration
or any of the foregoing reservations or any that may hereafter be added.
Denemarken
10-12-1956
Pursuant to Article 36, paragraph 2 of the Statute of the International Court of Justice, the Kingdom of Denmark recognizes as compulsory ipso facto and without special agreement the jurisdiction of the Court in relation to any other State accepting the same obligation, that is to say on condition of reciprocity, for a period of five years from 10 December 1956 and thereafter for further periods of five years, if this declaration is not denounced by notice of not less than six months before the expiration of any five-year period.
Djibouti
02-09-2005
[...] hereby declares that it recognizes as compulsory ipso facto and without special
agreement, in relation to any other State accepting the same obligation, the jurisdiction
of the International Court of Justice in all legal disputes concerning:
(a) The interpretation of a treaty;
(b) Any question of international law;
(c) The existence of any fact which, if established, would constitute a breach of
an international obligation;
(d) The nature and extent of the reparation to be made for the breach of an international
obligation;
with the reservation, however, that this declaration shall not apply to:
1. Disputes in regard to which the parties to the dispute have agreed or shall agree
to have recourse to some other method or methods of settlement;
2. Disputes in regard to matters which are exclusively within the domestic jurisdiction
of the Republic of Djibouti, under international law;
3. Disputes relating to or connected with facts or situations of hostilities, armed
conflicts, individual or collective actions taken in self-defence, resistance to aggression,
fulfilment of obligations imposed by international bodies and other similar or related
acts, measures or situations in which the Republic of Djibouti is, has been or may
in future be involved;
4. Disputes concerning the interpretation or application of a multilateral treaty
unless all the parties to the treaty are also parties to the case before the Court
or the Government of Djibouti specially agrees to jurisdiction of the Court;
5. Disputes with the Government of any State with which, on the date of an application
to bring a dispute before the Court, the Government of Djibouti has no diplomatic
relations or which has not been recognized by the Government of Djibouti;
6. Disputes with non-sovereign States or territories;
7. Disputes with the Republic of Djibouti concerning or relating to:
(a) The status of its territory or the modification or delimitation of its frontiers
or any other matter concerning boundaries;
(b) The territorial sea, the continental shelf and the margins, the exclusive fishery
zone, the exclusive economic zone and other zones of national maritime jurisdiction
including for the regulation and control of marine pollution and the conduct of scientific
research by foreign vessels;
(c) The condition and status of its islands, bays and gulfs;
(d) The airspace superjacent to its land and maritime territory; and
(e) The determination and delimitation of its maritime boundaries.
This declaration is made for a period of five years, without prejudice to the right
of denunciation and modification which attaches to any commitment undertaken by the
State in its international relations.
It shall take effect on the date of its receipt by the Secretary-General of the United
Nations.
Dominica
24-03-2006
The Commonwealth of Dominica hereby accepts the compulsory jurisdiction of the International Court of Justice and makes this Declaration under article 36(2) of the Statute of the Court.
Dominicaanse Republiek
30-09-1924
On behalf of the Government of the Dominican Republic and subject to ratification, I recognize, in relation to any other Member or State accepting the same obligation, that is to say, on the sole condition of reciprocity, the jurisdiction of the Court as compulsory, ipso facto and without special convention.
Duitsland
01-05-2008
1. The Government of the Federal Republic of Germany declares that it recognizes as
compulsory ipso facto and without special agreement, in relation to any other state
accepting the same obligation, the jurisdiction of the International Court of Justice,
in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such
time as notice may be given to the Secretary-General of the United Nations withdrawing
the declaration and with effect as from the moment of such notification, over all
disputes arising after the present declaration, with regard to situations or facts
subsequent to this date other than:
(i) any dispute which the Parties thereto have agreed or shall agree to have recourse
to some other method of peaceful settlement or which is subject to another method
of peaceful settlement chosen by all the Parties.
(ii) any dispute which
(a) relates to, arises from or is connected with the deployment of armed forces abroad,
involvement in such deployments or decisions thereon, or
(b) relates to, arises from or is connected with the use for military purposes of
the territory of the Federal Republic of Germany, including its airspace, as well
as maritime areas subject to German sovereign rights and jurisdiction;
(iii) any dispute in respect of which any other Party to the dispute has accepted
the compulsory jurisdiction of the International Court of Justice only in relation
to or for the purpose of the dispute; or where the acceptance of the Court's compulsory
jurisdiction on behalf of any other Party to the dispute was deposited or ratified
less than twelve months prior to the filing of the application bringing the dispute
before the Court.
2. The Government of the Federal Republic of Germany also reserves the right at any
time, by means of a notification addressed to the Secretary-General of the United
Nations, and with effect as from the moment of such notification, either to add to,
amend or withdraw any of the foregoing reservations, or any that may hereafter be
added.
Egypte
22-07-1957
[...] in accordance with Article 36 (2) of the Statute of the International Court of Justice and in pursuance and for the purposes of paragraph 9 (b) of the Declaration of the Government of the Republic of Egypt dated April 24, 1957 on the 'Suez Canal and the arrangements for its operation', the Government of the Republic of Egypt accept as compulsory, ipso facto, on condition of reciprocity and without special agreement, the jurisdiction of the International Court of Justice in all legal disputes that may arise under the said paragraph 9 (b) of the above Declaration dated April 24, 1957, with effect as from that date.
Equatoriaal-Guinea
21-08-2017
Declaration of the Republic of Equatorial Guinea under article 36 (2) of the Statute
of the International Court of Justice.
1. The Government of the Republic of Equatorial Guinea accepts as compulsory ipso
facto and without special agreement in relation to any other State accepting the same
obligation, the jurisdiction of the International Court of Justice, in accordance
with of article 36, paragraph 2, of the Statute of the Court, with regard to all disputes
relating to the privileges and immunities of States, senior State officials and State
property.
2. The Government of the Republic of Equatorial Guinea also reserves the right at
any time, by means of a notification addressed to the Secretary-General of the United
Nations and from the date of this notification, to add to, change or withdraw this
declaration.
Estland
21-10-1991
[...] declare on behalf of the Republic of Estonia and in accordance with the Resolution of September 26, 1991 of the Supreme Council of the Republic of Estonia, that the Republic of Estonia recognizes as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, on condition of reciprocity, the jurisdiction of the International Court of Justice, in conformity with paragraph 2 of Article 36 of the Statute of the Court, provided that this declaration shall not apply to disputes, the solution of which the parties shall entrust to other tribunals by virtue of agreements already in existence or which may be concluded in the future.
Eswatini
26-05-1969
[...] declare on behalf of the Government of the Kingdom of Swaziland, that it recognizes
as compulsory ipso facto and without special agreement, on condition of reciprocity,
the jurisdiction of the International Court of Justice, in accordance with paragraph
2 of Article 36 of the Statute of the Court.
This Declaration does not extend:
(a) To disputes in respect of which the parties have agreed to have recourse to another
means of peaceful settlement; or
(b) To disputes relating to matters which, by international law, are essentially within
the domestic jurisdiction of the Kingdom of Swaziland.
The Government of the Kingdom of Swaziland also reserves the right to add to, amend
or withdraw this Declaration by means of a notification addressed to the Secretary-General
of the United Nations, with effect as from the moment of such notification.
Filipijnen
18-01-1972
[...] hereby declare, under Article 36, paragraph 2, of the Statute of the International
Court of Justice, that the Republic of the Philippines recognizes as compulsory ipso
facto and without special agreement, in relation to any other State accepting the
same obligation, the jurisdiction of the International Court of Justice in all legal
disputes arising hereafter concerning:
(a) The interpretation of a treaty;
(b) Any question of international law;
(c) The existence of any fact which, if established, would constitute a breach of
an international obligation;
(d) The nature or extent of the reparation to be made for the breach of an international
obligation;
Provided, that this declaration shall not apply to any dispute:
(a) In regard to which the parties thereto have agreed or shall agree to have recourse
to some other method of peaceful settlement; or
(b) Which the Republic of the Philippines considers to be essentially within its domestic
jurisdiction; or
(c) In respect of which the other party has accepted the compulsory jurisdiction of
the International Court of Justice only in relation to or for the purposes of such
dispute; or where the acceptance of the compulsory jurisdiction was deposited or ratified
less than 12 months prior to the filing of the application bringing the dispute before
the Court; or
(d) Arising under a multilateral treaty, unless
(1) all parties to the treaty are also parties to the case before the Court, or
(2) the Republic of the Philippines specially agrees to jurisdiction; or
(e) Arising out of or concerning jurisdiction or rights claimed or exercised by the
Philippines:
"(i) In respect of the natural resources, including living organisms belonging to
sedentary species, of the sea-bed and subsoil of the continental shelf of the Philippines,
or its analogue in an archipelago, as described in Proclamation No. 370 dated 20 March
1968 of the President of the Republic of the Philippines; or
"(ii) In respect of the territory of the Republic of the Philippines, including its
territorial seas and inland waters; and
Provided further, that this declaration shall remain in force until notice is given
to the Secretary-General of the United Nations of its termination.
Finland
21-06-1958
On behalf of the Finnish Government, I hereby declare that I recognize as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, that is to say, on condition of reciprocity, the jurisdiction of the International Court of Justice, in accordance with Article 36, paragraph 2 of the Statute of the Court, for a period of five years from 25 June 1958. This declaration shall be renewed by tacit agreement for further periods of the same duration, unless it is denounced not later than six months before the expiry of any such period. This declaration shall apply only to disputes arising in regard to situations or facts subsequent to 25 June 1958.
Gambia
22-06-1966
In accordance with Article 36, paragraph 2, of the Statute of the International Court
of Justice, I declare, on behalf of the Government of Gambia, that the Gambia recognises
as compulsory ipso facto and without special agreement, in relation to any other State
accepting the same obligation, the jurisdiction of the International Court of Justice
until such time as notice may be given to terminate the acceptance, over all disputes
arising in the future concerning:
(a) The interpretation of a treaty;
(b) Any question of international law;
(c) The existence of any fact which, if established, would constitute a breach of
an international obligation;
(d) The nature or extent of the reparation to be made for the breach of an international
obligation;
with the reservation, however, that this declaration does not apply to
(a) Disputes in regard to which the parties have agreed to a settlement other than
by recourse to the International Court of Justice;
(b) Disputes with any country in the Commonwealth;
(c) Disputes which, by international law, fall exclusively within the jurisdiction
of the Gambia.
Georgië
20-06-1995
I have the honour on behalf of the Republic of Georgia to declare that, in accordance with paragraph 2 of article 36 of the Statute of the International Court of Justice, the Republic of Georgia recognises as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, the jurisdiction of the Court in all legal disputes referred to in paragraph 2 of article 36 of the Statute of the International Court of Justice.
Griekenland
10-01-1994
I declare, on behalf of the Greek Government, that I recognize as compulsory ipso
facto and without special agreement, on condition of reciprocity, in relation to any
other State accepting the same obligation, the jurisdiction of the International Court
of Justice in all legal disputes referred to in Article 36, paragraph 2, of the Statute
of the Court. However, the Greek Government excludes from the competence of the Court
any dispute relating to defensive military action taken by the Hellenic Republic for
reasons of national defence.
This declaration shall remain in force for a period of five years. Upon the expiry
of that period, it shall continue to have effect until notice of its termination is
given.
14-01-2015
[...] The Government of the Hellenic Republic having considered the said Declaration,
hereby gives notice effective immediately of the withdrawal of that Declaration and
replaces the same with the following Declaration:
I have the honour to declare, on behalf of the Government of the Hellenic Republic,
that I recognize as compulsory ipso facto and without special agreement, in relation
to any other State accepting the same obligation, that is on condition of reciprocity,
the jurisdiction of the International Court of Justice with respect to all legal disputes
referred to in Article 36, paragraph 2, of the Statute of the Court, with the exception
of:
a) any dispute relating to military activities and measures taken by the Hellenic
Republic for the protection of its sovereignty and territorial integrity, for national
defense purposes, as well as for the protection of its national security;
b) any dispute concerning State boundaries or sovereignty over the territory of the
Hellenic Republic, including any dispute over the breadth and limits of its territorial
sea and its airspace;
c) any dispute in respect of which any other party to the dispute has accepted the
compulsory jurisdiction of the Court only in relation to or for the purpose of that
dispute; or where the acceptance of the Court's compulsory jurisdiction on behalf
of any other party to the dispute was deposited or ratified less than twelve months
prior to the filing of the application bringing the dispute before the Court.
The Government of the Hellenic Republic may however submit before the Court any dispute,
which is hereby exempted, through the negotiation of a special agreement (compromis).
The Government of the Hellenic Republic further reserves the right at any time, by
means of a notification addressed to the Secretary-General of the United Nations,
and with effect as from the moment of such notification, to add to, amend or withdraw
this Declaration.
Guinee
04-12-1998
I have the honour, on behalf of the Government of the Republic of Guinea, to declare
that, in accordance with Article 36, paragraph 2, of the Statute of the International
Court of Justice, it accepts as compulsory ipso facto and without special agreement,
in relation to any other State accepting the same obligation, the jurisdiction of
the Court in all legal disputes born since 12 December 1958 and subsequently to the
present declaration concerning:
(a) The interpretation of a treaty;
(b) Any question of international law;
(c) Existence of any fact which, if established, would constitute a breach of an international
obligation;
(d) The nature or extent of the reparation to be made for the breach of an international
obligation.
The Republic of Guinea makes this declaration on condition of reciprocity on the part
of all States. However, Guinea may waive the competence of the Court in regard to:
(a) Disputes for which the parties have agreed to have recourse to some other method
of settlement;
(b) Disputes with regard to questions which by international law fall within the exclusive
competence of the Republic of Guinea.
Lastly, the Government of the Republic of Guinea reserves the right at any time, by
means of a notification addressed to the Secretary-General of the United Nations,
to withdraw or to amend the present declaration.
Guinee-Bissau
07-08-1989
On behalf of the Republic of Guinea-Bissau, I have the honour to declare that, in
accordance with Article 36, paragraph 2 of the Statute of the International Court
of Justice, the Republic of Guinea-Bissau accepts as compulsory ipso facto and without
special agreement, in relation to any other State accepting the same obligation, the
jurisdiction of the Court in all legal disputes referred to in Article 36, paragraph
2 of the Statute thereof.
This declaration will remain in force until six months following the date on which
the Government of Guinea-Bissau makes known its intention of terminating it.
Haïti
04-10-1921
On behalf of the Republic of Haiti, I recognize the jurisdiction of the Permanent Court of International Justice as compulsory.
Honduras
06-06-1986
The Government of the Republic of Honduras, duly authorized by the National Congress,
under Decree No. 75-86 of 21 May 1986, to modify the Declaration made on 20 February
1960 concerning Article 36 (2) of the Statute of the International Court of Justice,
Hereby declares: That it modifies the Declaration made by it on 20 February 1960 as
follows:
1. That it recognizes as compulsory ipso facto and without special agreement, in relation
to any other State accepting the same obligation, the jurisdiction of the International
Court of Justice in all legal disputes concerning:
(a) The interpretation of a treaty;
(b) Any question of international law;
(c) The existence of any fact which, if established, would constitute a breach of
an international obligation;
(d) The nature and extent of the reparation to be made for the breach of an international
obligation.
2. This Declaration shall not apply, however, to the following disputes to which the
Republic of Honduras may be a party: (a) Disputes in respect of which the parties
have agreed or may agree to resort to other means for the pacific settlement of disputes;
(b) Disputes concerning matters subject to the domestic jurisdiction of the Republic
of Honduras under international law; (c) Disputes relating to facts or situations
originating in armed conflicts or acts of a similar nature which may affect the territory
of the Republic of Honduras, and in which it may find itself involved directly or
indirectly;
(d) Disputes referring to: (i) Territorial questions with regard to sovereignty over
islands, shoals and keys; internal waters, bays, the territorial sea and the legal
status and limits thereof;
(ii) All rights of sovereignty or jurisdiction concerning the contiguous zone, the
exclusive economic zone and the continental shelf and the legal status and limits
thereof;
(iii) The airspace over the territories, waters and zones referred to in this sub-paragraph.
3. The Government of Honduras also reserves the right at any time to supplement, modify
or withdraw this Declaration or the reservations contained therein by giving notice
to the Secretary-General of the United Nations.
4. This Declaration replaces the Declaration made by the Government of Honduras on
20 February 1960.
Hongarije
22-10-1992
The Republic of Hungary hereby recognizes as compulsory ipso facto and without special
agreement, on condition of reciprocity, the jurisdiction of the International Court
of Justice, in accordance with article 36, paragraph 2, of the Statute of the Court
in all disputes which may arise in respect of facts or situations subsequent to this
declaration, other than:
a) disputes in regard to which the parties to the dispute have agreed or shall agree
to have recourse to some other method of peaceful settlement;
b) disputes in regard to matters which by international law fall exclusively within
the domestic jurisdiction of the Republic of Hungary;
c) disputes relating to, or connected with, facts or situations of hostilities, war,
armed conflicts, individual or collective actions taken in self-defense or the discharge
of any functions pursuant to any resolution or recommendation of the United Nations,
and other similar or related acts, measures or situations in which the Republic of
Hungary is, has been or may in the future be involved;
d) disputes in respect of which any other party to the dispute has accepted the compulsory
jurisdiction of the Court only in relation to or for the purpose of such dispute;
or where the acceptance of the Court's compulsory jurisdiction on behalf of any other
party to the dispute was deposited less than twelve months prior to the filing of
the application bringing the dispute before the Court.
The Government of the Republic of Hungary reserves the right at any time, by means
of a notification addressed to the Secretary-General of the United Nations, and with
effect of six months of such notification to amend, add to or withdraw any of the
foregoing reservations or any that may hereafter be added.
This declaration shall remain in force until the expiration of six months after notification
has been given of its termination.
Ierland
15-12-2011
Ireland hereby declares that it recognises as compulsory ipso facto and without special
agreement, in relation to any other state accepting the same obligation, the jurisdiction
of the International Court of Justice in all legal disputes as specified in Article
36, paragraph 2, with the exception of any legal dispute with the United Kingdom of
Great Britain and Northern Ireland in regard to Northern Ireland.
The present Declaration shall take effect from the date of its receipt by the Secretary-General
of the United Nations.
The Government of Ireland reserves the right at any time, by means of a notification
addressed to Secretary-General of the United Nations and with effect from the date
of such notification, either to
amend or withdraw the present Declaration; or to add to, amend or withdraw the foregoing
reservation, or any other reservations which may subsequently be made.
India
18-09-1974
I have the honour to declare, on behalf of the Government of the Republic of India,
that they accept, in conformity with paragraph 2 of Article 36 of the Statute of the
Court, until such time as notice may be given to terminate such acceptance, as compulsory
ipso facto and without special agreement, and on the basis and condition of reciprocity,
the jurisdiction of the International Court of Justice over all disputes other than:
(1) disputes in regard to which the parties to the dispute have agreed or shall agree
to have recourse to some other method or methods of settlement;
(2) disputes with the Government of any State which is or has been a Member of the
Commonwealth of Nations;
(3) disputes in regard to matters which are essentially within the domestic jurisdiction
of the Republic of India;
(4) disputes relating to or connected with facts or situations of hostilities, armed
conflicts, individual or collective actions taken in self-defence, resistance to aggression,
fulfilment of obligations imposed by international bodies, and other similar or related
acts, measures or situations in which India is, has been or may in future be involved;
(5) disputes with regard to which any other party to a dispute has accepted the compulsory
jurisdiction of the International Court of Justice exclusively for or in relation
to the purposes of such dispute; or where the acceptance of the Court's compulsory
jurisdiction on behalf of a party to the dispute was deposited or ratified less than
12 months prior to the filing of the application bringing the dispute before the Court;
(6) disputes where the jurisdiction of the Court is or may be founded on the basis
of a treaty concluded under the auspices of the League of Nations, unless the Government
of India specially agree to jurisdiction in each case;
(7) disputes concerning the interpretation or application of a multilateral treaty
unless all the parties to the treaty are also parties to the case before the Court
or Government of India specially agree to jurisdiction;
(8) disputes with the government of any State with which, on the date of an application
to bring a dispute before the Court, the Government of India has no diplomatic relations
or which has not been recognized by the Government of India;
(9) disputes with non-sovereign States or territories;
(10) disputes with India concerning or relating to:
(a) The status of its territory or the modification or delimitation of its frontiers
or any other matter concerning boundaries;
(b) the territorial sea, the continental shelf and the margins, the exclusive fishery
zone, the exclusive economic zone, and other zones of national maritime jurisdiction
including for the regulation and control of marine pollution and the conduct of scientific
research by foreign vessels;
(c) the condition and status of its islands, bays and gulfs and that of the bays
and gulfs that for historical reasons belong to it;
(d) the airspace superjacent to its land and maritime territory; and
(e) the determination and delimitation of its maritime boundaries.
(11) disputes prior to the date of this declaration, including any dispute the foundations,
reasons, facts, causes, origins, definitions, allegations or bases of which existed
prior to this date, even if they are submitted or brought to the knowledge of the
Court hereafter.
2. This declaration revokes and replaces the previous declaration made by the Government
of India on 14th September 1959.
27-09-2019
I have the honour to declare, on behalf of the Government of the Republic of India,
that they accept, in conformity with paragraph 2 of Article 36 of the Statute of the
Court, until such time as notice may be given to terminate such acceptance, as compulsory
ipso facto and without special agreement, and on the basis and condition of reciprocity,
the jurisdiction of the International Court of Justice over all disputes other than:
(1) disputes in regard to which the parties to the dispute have agreed or shall
agree to have recourse to some other method or methods of settlement;
(2) disputes with the government of any State which is or has been a Member of
the Commonwealth of Nations;
(3) disputes in regard to matters which are essentially within the domestic jurisdiction
of the Republic of India;
(4) disputes relating to or connected with facts or situations of hostilities,
armed conflicts, individual or collective actions taken in self-defence, resistance
to aggression, fulfilment of obligations imposed by international bodies, and other
similar or related acts, measures or situations in which India is, has been or may
in future be involved, including the measures taken for protection of national security
and ensuring national defence;
(5) disputes with regard to which any other party to a dispute has accepted the
compulsory jurisdiction of the International Court of Justice exclusively for or in
relation to the purposes of such dispute; or where the acceptance of the Court’s compulsory
jurisdiction on behalf of a party to the dispute was deposited or ratified less than
12 months prior to the filing of the application bringing the dispute before the Court;
(6) disputes where the jurisdiction of the Court is or may be founded on the basis
of a treaty concluded under the auspices of the League of Nations, unless the Government
of India specially agree to jurisdiction in each case;
(7) disputes concerning the interpretation or application of a multilateral treaty
to which India is not a party; and disputes concerning the interpretation or application
of a multilateral treaty to which India is a party, unless all the parties to the
treaty are also parties to the case before the Court or the Government of India specially
agree to jurisdiction;
(8) disputes with the Government of any State with which, on the date of an application
to bring a dispute before the Court, the Government of India has no diplomatic relations
or which has not been recognized by the Government of India;
(9) disputes with non-sovereign States or territories;
(10) disputes with India concerning or relating to:
a) the status of its territory or the modification or delimitation of its frontiers
or any other matter concerning boundaries;
b) the territorial sea, the continental shelf and the margins, the exclusive
fishery zone, the exclusive economic zone, and other zones of national maritime jurisdiction
including for the regulation and control of marine pollution and the conduct of scientific
research by foreign vessels;
c) the condition and status of its islands, bays and gulfs and that of the bays
and gulfs that for historical reasons belong to it;
d) the airspace superjacent to its land and maritime territory; and
e) the determination and delimitation of its maritime boundaries.
(11) disputes prior to the date of this declaration, including any dispute the
foundations, reasons[,] facts, causes, origins, definitions, allegations or bases
of which existed prior to this date, even if they are submitted or brought to the
knowledge of the Court hereafter.
12) This declaration revokes and replaces the previous declaration submitted by
the Government of India on 18 September,1974.
13) The Government of India reserves the right at any time, by means of a written
notification addressed to the Secretary-General of the United Nations, and with effect
as from the moment of such notification, either to amend or terminate the present
declaration.
Iran
26-06-2023
Declaration Recognizing as Compulsory the Jurisdiction of the lnternational Court
of Justice
1 - The Government of the Islamic Republic of Iran while reaffirming its commitment
to strengthen and support the International Court of Justice to discharge its duty
of pacific settlement of disputes as the principal judicial organ of the United Nations,
accepts as compulsory ipso facto and without special agreement, on condition of reciprocity,
the jurisdiction of the International Court of Justice, in conformity with Article
36, Paragraph 2, of the Statute of the Court, until such time as notice may be given
to terminate the acceptance, only in relation to the following disputes:
(i) the jurisdictional immunities of the State and State property;
(ii) immunity from measures of constraint against State or State property.
2 - Except as provided for in sub-paragraphs 1 (i) and/or 1 (ii), no other dispute
shall be entertained by the Court, in particular:
(i) disputes relating to questions which fall essentially within the domestic jurisdiction
of the Islamic Republic of Iran;
(ii) disputes relating to sovereignty, sovereign rights or jurisdiction over land
or maritime areas;
(iii) disputes with any State not recognized by the Islamic Republic of Iran.
3 - The Government of the Islamic Republic of Iran reserves the right at any time,
by means of a written notification addressed to the Secretary-General of the United
Nations, and with effect as from the moment of such notification, either to amend,
change or withdraw the present declaration.
[...]
Ivoorkust
29-08-2001
Concerned on the one hand to ensure the peaceful and equitable settlement of all international
disputes, particularly those in which it might be involved, and on the other hand
to contribute to the development and strengthening of international law, the Republic
of Côte d'Ivoire, pursuant to article 36, paragraph 2 of the Statute of the International
Court of Justice, declares that it recognizes as compulsory ipso facto and without
special agreement, in relation to any other State accepting the same obligation, the
jurisdiction of the International Court of Justice in all legal disputes concerning:
(a) The interpretation of a treaty;
(b) Any question of international law;
(c) The existence of any fact which, if established, would constitute a breach of
an international obligation;
(d) The nature or extent of the reparation to be made for the breach of an international
obligation;
with the exception of:
1. Disputes concerning which the parties have agreed to have recourse to some other
method of settlement;
2. Disputes with regard to questions which by international law fall within the exclusive
competence of Côte d'Ivoire.
The present declaration has been made for an unlimited period, subject to the power
of denunciation and modification attached to any obligation assumed by a State in
its international relations.
It will enter into force when it is received by the Secretary-General of the United
Nations.
Japan
09-07-2007
I have the honour, by direction of the Minister for Foreign Affairs, to declare on
behalf of the Government of Japan that, in conformity with paragraph 2 of Article
36 of the Statute of the International Court of Justice, Japan recognizes as compulsory
ipso facto and without special agreement, in relation to any other State accepting
the same obligation and on condition of reciprocity, the jurisdiction of the International
Court of Justice, over all disputes arising on and after 15 September 1958 with regard
to situations or facts subsequent to the same date and being not settled by other
means of peaceful settlement.
This declaration does not apply to disputes which the parties thereto have agreed
or shall agree to refer for final and binding decision to arbitration or judicial
settlement.
This declaration does not apply to any dispute in respect of which any other party
to the dispute has accepted the compulsory jurisdiction of the International Court
of Justice only in relation to or for the purpose of the dispute; or where the acceptance
of the Court's compulsory jurisdiction on behalf of any other party to the dispute
was deposited or ratified less than twelve months prior to the filing of the application
bringing the dispute before the Court.
This declaration shall remain in force for a period of five years and thereafter until
it may be terminated by a written notice.
06-10-2015
[...] in conformity with paragraph 2 of Article 36 of the Statute of the International
Court of Justice, Japan recognizes as compulsory ipso facto and without special agreement,
in relation to any other State accepting the same obligation and on condition of reciprocity,
the jurisdiction of the International Court of Justice, over all disputes arising
on and after 15 September 1958 with regard to situations or facts subsequent to the
same date and being not settled by other means of peaceful settlement.
This declaration does not apply to:
(1) any dispute which the parties thereto have agreed or shall agree to refer for
final and binding decision to arbitration or judicial settlement;
(2) any dispute in respect of which any other party to the dispute has accepted the
compulsory jurisdiction of the International Court of Justice only in relation to
or for the purpose of the dispute; or where the acceptance of the Court’s compulsory
jurisdiction on behalf of any other party to the dispute was deposited or notified
less than twelve months prior to the filing of the application bringing the dispute
before the Court;
(3) any dispute arising out of, concerning, or relating to research on, or conservation,
management or exploitation of, living resources of the sea.
The Government of Japan reserves the right at any time, by means of a written notification
addressed to the Secretary-General of the United Nations, and with effect as from
the moment of such notification, either to amend or terminate the present declaration.
Kameroen
03-03-1994
By order of the Government of the Republic of Cameroon, I have the honour to declare
that:
The Government of Cameroon, in accordance with article 36, paragraph 2, of the Statute
of the Court, recognizes as compulsory ipso facto and without special agreement in
relation to any other State accepting the same obligation, the jurisdiction of the
Court in all legal disputes.
This declaration shall remain in force for a period of five years. It shall then continue
to have effect unless the Government of the Republic of Cameroon makes a statement
to the contrary or submits a written amendment hereto.
Kenia
19-04-1965
I have the honour to declare, on behalf of the Government of the Republic of Kenya,
that it accepts, in conformity with paragraph 2 of Article 36 of the Statute of the
International Court of Justice until such time as notice may be given to terminate
such acceptance, as compulsory ipso facto and without special agreement, and on the
basis and condition of reciprocity, the jurisdiction over all disputes arising after
12th December, 1963, with regard to situations or facts subsequent to that date, other
than:
1. Disputes in regard to which the parties to the dispute have agreed or shall agree
to have recourse to some other method or methods of settlement;
2. Disputes with the Government of any State which, on the date of this Declaration,
is a member of the Commonwealth of Nations or may so become subsequently;
3. Disputes with regard to questions which by general rules of International Law fall
exclusively within the jurisdiction of Kenya;
4. Disputes concerning any question relating to or arising out of belligerent or military
occupation or the discharge of any functions pursuant to any recommendation or decision
of an organ of the United Nations, in accordance with which the Government of the
Republic of Kenya have accepted obligations.
The Government of the Republic of Kenya reserves the right at any time by means of
a notification addressed to the Secretary-General of the United Nations to add to,
amend, or withdraw any of the foregoing reservations. Such notifications shall be
effective on the date of their receipt by the Secretary-General of the United Nations.
24-09-2021
… the Government of the Republic of Kenya, by its Declaration of 12th April, 1965
recognising the jurisdiction of the International Court of Justice as compulsory reserved
the right at any time by means of a notification addressed to the Secretary-General
of the United Nations to add to, amend, or withdraw any of the foregoing declarations.
Such notifications shall be effective on the date of their receipt by the Secretary-General
of the United Nations.
Now therefore, in consideration of the foregoing, the Government of the Republic of
Kenya, hereby declares that it has decided to withdraw and terminate, with effect
as of today, its Declaration of 12th April, 1965, concerning the acceptance of the
compulsory jurisdiction of the International Court of Justice.
The Government of Kenya reserves the right at any time, by means of a written notification
addressed to the Secretary-General of the United Nations, and with effect as from
the moment of such notification, either to amend or terminate the present Declaration.
Such notifications shall be effective on the date of their receipt by the Secretary-General
of the United Nations.
Lesotho
06-09-2000
On behalf of the Kingdom of Lesotho, I have the honour to declare that the Kingdom
of Lesotho recognizes as compulsory ipso facto and without special agreement, in the
relation to any other State which accepts or has accepted the same obligation, the
jurisdiction of the International Court of Justice in all legal disputes referred
to in paragraph 2 of Article 36 of the Statute of the International Court of Justice.
This Declaration does not apply to any dispute the solution of which the parties thereto
have agreed or shall agree to have recourse to other means of peaceful settlement
for its final and binding decision.
This Declaration shall remain in force until notice of its termination is given.
Liberia
20-03-1952
On behalf of the Government of the Republic of Liberia, I, Gabriel L. Dennis, Secretary
of State of Liberia, subject to ratification declare that the Republic of Liberia
recognizes as compulsory ipso facto and without special agreement, in relation to
any other State, also a party to the Statute pursuant to Article 93 of the United
Nations Charter, which accepts the same obligation (i.e., subject to reciprocity),
the jurisdiction of the International Court of Justice in all legal disputes arising
after ratification concerning:
(a) The interpretation of a treaty;
(b) Any question of international law;
(c) The existence of any fact which, if established, would constitute a breach of
an international obligation;
(d) The nature or extent of the reparation to be made for the breach of an international
obligation.
This declaration does not apply:
(a) To any dispute which the Republic of Liberia considers essentially within its
domestic jurisdiction;
(b) To any dispute in regard to which the parties have agreed or may agree to bring
before other tribunals as a result of agreements already existing or which may be
made in the future.
The present declaration has been made for a period of 5 years as from the date of
deposit of the ratification and thereafter until notice of termination is given.
Liechtenstein
29-03-1950
[...] Declares by these presents that the Principality of Liechtenstein recognizes
as compulsory ipso facto and without special agreement, in relation to any other State
accepting the same obligation, the jurisdiction of the International Court of Justice
in all legal disputes concerning:
(a) The interpretation of a treaty;
(b) Any question of international law;
(c) The existence of any fact which, if established, would constitute a breach of
an international obligation;
(d) The nature or extent of the reparation to be made for the breach of an international
obligation.
The present Declaration, which is made under Article 36 of the Statute of the International
Court of Justice, shall take effect from the date on which the Principality becomes
a party to the Statute and shall have effect as long as the Declaration has not been
revoked subject to one year's notice.
Litouwen
26-09-2012
1. The Republic of Lithuania declares that it recognizes as compulsory ipso facto
and without special agreement, in relation to any other State accepting the same obligation,
the jurisdiction of the International Court of Justice, in conformity with paragraph
2 of Article 36 of the Statute of the Court, until such time as notice may be given
to the Secretary-General of the United Nations withdrawing the declaration and with
effect as from the moment of such notification, over all disputes arising after the
present declaration, with regard to situations or facts subsequent to this date, other
than:
(i) any dispute which the parties thereto have agreed or shall agree to have recourse
to some other method of peaceful settlement or which is subject to another method
of peaceful settlement chosen by all the parties;
(ii) any dispute relating to any matter excluded from compulsory adjudication or arbitration
under any treaty, to which the Republic of Lithuania is a party, or other instrument
imposing international obligations to the Republic of Lithuania;
(iii) any dispute which arises from or is connected with a military operation carried
out in accordance with a decision taken by consensus or unanimity by international
security and defence organisation or organisation implementing common security and
defence policy, to which the Republic of Lithuania is a member;
(iv) any dispute in respect of which any other party to the dispute has accepted the
compulsory jurisdiction of the International Court of Justice only in relation to
or for the purpose of the dispute; or where the acceptance of the Court's compulsory
jurisdiction on behalf of any other party to the dispute was deposited or ratified
less
than twelve months prior to the filing of the application bringing the dispute before
the Court.
2. The Republic of Lithuania also reserves the right at any time, by means of a notification
addressed to the Secretary-General of the United Nations, and with effect as from
the moment of such notification, either to add to, amend or withdraw any of the foregoing
reservations, or any that may hereafter be added.
Luxemburg
15-09-1930
The Government of the Grand-Duchy of Luxembourg recognizes as compulsory, ipso facto, and without special agreement, in relation to any other State accepting the same obligation, that is to say on condition of reciprocity, the jurisdiction of the Court in conformity with Article 36, paragraph 2, of the Statute, in any disputes arising after the signature of the present declaration with regard to situations or facts subsequent to this signature, except in cases where the parties have agreed or shall agree to have recourse to another procedure or to another method of pacific settlement. The present declaration is made for a period of five years. Unless it is denounced six months before the expiration of that period, it shall be considered as renewed for a further period of five years and similarly thereafter.
Madagaskar
02-07-1992
On behalf of the Government of Madagascar, I declare, in conformity with Article 36,
paragraph 2, of the Statute of the International Court of Justice, that Madagascar
accepts as compulsory ipso facto and without special agreement, in relation to any
other State accepting the same obligation, and until such time as notification is
given of the withdrawal of this acceptance, the jurisdiction of the Court in all legal
disputes concerning:
- the interpretation of a treaty;
- 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.
This declaration does not apply:
- to disputes in respect of which the parties have agreed to have recourse to another
means of settlement;
- to disputes relating to matters which, by international law, are within the exclusive
jurisdiction of Madagascar.
The Government of Madagascar also reserves the right at any time, by means of a notification
addressed to the Secretary-General of the United Nations, and with effect as from
the date of receipt of said notification by the Secretary-General, either to add to,
amend or withdraw any of the foregoing reservations.
Malawi
12-12-1966
On behalf of the Government of Malawi, I declare under Article 36, paragraph 2, of
the Statute of the International Court of Justice that I recognize as compulsory ipso
facto and without special agreement, in relation to any other State accepting the
same obligation, on condition of reciprocity, the jurisdiction of the International
Court of Justice in all legal disputes which may arise in respect of facts or situations
subsequent to this declaration concerning-
(a) The interpretation of a treaty;
(b) Any question of international law;
(c) The existence of any fact which, if established, would constitute a breach of
an international obligation;
(d) The nature or extent of the reparation to be made for the breach of international
obligation.
Provided that this declaration shall not apply to-
(i) Disputes with regard to matters which are essentially within the domestic jurisdiction
of the Republic of Malawi as determined by the Government of Malawi;
(ii) Disputes in regard to which the parties of the dispute have agreed or shall agree
to have recourse to some other method of peaceful settlement; or
(iii) Disputes concerning any question relating to or arising out of belligerent or
military occupation.
The Government of Malawi also reserves the right at any time, by means of a notification
addressed to the Secretary-General of the United Nations, to add to, amend, or withdraw
any of the foregoing reservations or any that may hereafter be added. Such notifications
shall be effective on the date of their receipt by the Secretary-General of the United
Nations.
Malta
06-12-1966
The Government of Malta accepts as compulsory ipso facto and without special convention,
on condition of reciprocity, the jurisdiction of the International Court of Justice,
in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such
time as notice may be given to terminate the acceptance, over all disputes other than:
(i) disputes in regard to which the Parties to the dispute have agreed or shall agree
to have recourse to some other method of peaceful settlement;
(ii) disputes with the Government of any other country which is a Member of the British
Commonwealth of Nations, all of which disputes shall be settled in such manner as
the parties have agreed or shall agree;
(iii) disputes with regard to questions which by international law fall exclusively
within the jurisdiction of Malta;
(iv) disputes concerning any question relating to or arising out of belligerent or
military occupation or the discharge of any functions pursuant to any recommendation
or decision of an organ of the United Nations, in accordance with which the Government
of Malta have accepted obligations;
(v) disputes arising under a multilateral treaty unless
(1) all Parties to the treaty affected by the decision are also Parties to the case
before the Court, or
(2) the Government of Malta specially agrees to jurisdiction;
(vi) disputes relating to any matter excluded from compulsory adjudication or arbitration
under any treaty, convention or other international agreement or instrument to which
Malta is a party;
(vii) disputes in respect of which arbitral or judicial proceedings are taking, or
have taken place with any State which, at the date of the commencement of the proceedings,
had not itself accepted the compulsory jurisdiction of the International Court of
Justice; and
(viii) disputes in respect of which any other Party to the dispute has accepted the
compulsory jurisdiction of the International Court of Justice only in relation to
or for the purposes of the dispute; or where the acceptance of the Court's compulsory
jurisdiction on behalf of any other Party to the dispute was deposited or ratified
less than twelve months prior to the filing of the application bringing the dispute
before the Court.
The Government of Malta also reserves the right at any time, by means of a notification
addressed to the Secretary-General of the United Nations, and with effect as from
the moment of such notification either to add to, amend or withdraw any of the foregoing
reservations or any that may hereafter be added.
02-09-1983
I have the honour to refer to the Declaration made by the Government of Malta on 29
November 1966, and notified on 6 December 1966, concerning the compulsory jurisdiction
of the International Court of Justice and to give notice that, with effect from the
moment this notification is received by Your Excellency, the acceptance of the Government
of Malta of the jurisdiction of the Court shall be limited to all disputes with Malta
other than -
(1) the disputes mentioned in paragraphs (i) to (viii), both inclusive, of the Declaration;
and
(2) the following categories of disputes, that is to say:
disputes with Malta concerning or relating to:
(a) its territory, including the territorial sea, and the status thereof;
(b) the continental shelf or any other zone of maritime jurisdiction, and the resources
thereof;
(c) the determination or delimitation of any of the above;
(d) the prevention or control of pollution or contamination of the marine environment
in marine areas adjacent to the coast of Malta.
The Government of Malta also reserves the right at any time, by means of a notification
addressed to the Secretary-General of the United Nations, and with effect from the
moment of such notification, either to add to, amend or withdraw any of the foregoing
reservations or any that may hereafter be added.
Marshalleilanden
24-04-2013
1) The Government of the Republic of the Marshall Islands accepts as compulsory ipso
facto and without special convention, on condition of reciprocity, the jurisdiction
of the International Court of Justice, in conformity with paragraph 2 of Article 36
of the Statute of the Court, until such time as notice may be given to terminate the
acceptance, over all disputes arising after 17 September 1991, with regard to situations
or facts subsequent to the same date, other than:
(i) any dispute which the Republic of Marshall Islands has agreed with the other Party
or Parties thereto to settle by some other method of peaceful settlement;
(ii) any dispute in respect of which any other Party to the dispute has accepted the
compulsory jurisdiction of the International Court of Justice only in relation to
or for the purpose of the dispute.
2) The Government of the Republic of the Marshall Islands also reserves the right
at any time, by means of notification addressed to the Secretary-General of the United
Nations, and with effect as from the moment of such notification, to add to, amend
or withdraw either of the foregoing reservations or any that may hereafter be added.
Mauritius
23-09-1968
I have the honour to declare, on behalf of the Government of Mauritius, that Mauritius
accepts as compulsory ipso facto and without special convention, on condition of reciprocity,
the jurisdiction of the International Court of Justice, in conformity with paragraph
2 of Article 36 of the Statute of the Court, until such time as notice may be given
to terminate the acceptance, over all disputes other than:
(i) Disputes in regard to which the Parties to the dispute have agreed or shall agree
to have recourse to some other method of peaceful settlement;
(ii) Disputes with the Government of any other country which is a Member of the British
Commonwealth of Nations, all of which disputes shall be settled in such manner as
the parties have agreed or shall agree;
(iii) Disputes with regard to questions which by international law fall exclusively
within the jurisdiction of Mauritius;
(iv) Disputes concerning any question relating to or arising out of belligerent or
military occupation or the discharge of any functions pursuant to any recommendation
or decision of an organ of the United Nations, in accordance with which the Government
of Mauritius has accepted obligations;
(v) Disputes relating to any matter excluded from compulsory adjudication or arbitration
under any treaty, convention or other international agreement or instrument to which
Mauritius is a party;
(vi) Disputes in respect of which arbitral or judicial proceedings are taking, or
have taken place with any State which, at the date of the commencement of the proceedings,
had not itself accepted the compulsory jurisdiction of the International Court of
Justice; and
(vii) Disputes in respect of which any other Party to the dispute has accepted the
compulsory jurisdiction of the International Court of Justice only in relation to
or for the purposes of the dispute; or where the acceptance of the Court's compulsory
jurisdiction on behalf of any other Party to the dispute was deposited or ratified
less than twelve months prior to the filing of the application bringing the dispute
before the Court.
The Government of Mauritius also reserves the right at any time, by means of a notification
addressed to the Secretary-General of the United Nations, and with effect as from
the moment of such notification either to add to, amend or withdraw any of the foregoing
reservations or any that may hereafter be added.
Mexico
28-10-1947
In regard to any legal dispute that may in future arise between the United States of Mexico and any other State out of events subsequent to the date of this Declaration, the Mexican Government recognizes as compulsory, ipso facto, and without any special agreement being required therefore, the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2, of the Statute of the said Court, in relation to any other State accepting the same obligation, that is, on condition of strict reciprocity. This Declaration which does not apply to disputes arising from matters that, in the opinion of the Mexican Government, are within the domestic jurisdiction of the United States of Mexico, shall be binding for a period of five years as from l March 1947 and after that date shall continue in force until six months after the Mexican Government gives notice of denunciation.
Nederlanden, het Koninkrijk der
01-08-1956
I hereby declare that the Government of the Kingdom of The Netherlands recognizes,
in accordance with Article 36, paragraph 2, of the Statute of the International Court
of Justice, with effect from 6 August 1956, as compulsory ipso facto and without special
agreement, in relation to any other State accepting the same obligation, that is on
condition of reciprocity, the jurisdiction of the said Court in all disputes arising
or which may arise after 5 August 1921, with the exception of disputes in respect
of which the parties, excluding the jurisdiction of the International Court of Justice,
may have agreed to have recourse to some other method of pacific settlement.
The aforesaid obligation is accepted for a period of five years and will be renewed
by tacit agreement for additional periods of five years, unless notice is given, not
less than six months before the expiry of any such period, that the Government of
the Kingdom of The Netherlands does not wish to renew it.
The acceptance of the jurisdiction of the Court founded on the declaration of 5 August
1946 is terminated with effect from 6 August 1956.
27-02-2017
The Kingdom of the Netherlands hereby declares that it recognizes as compulsory the
jurisdiction of the International Court of Justice, in conformity with Article 36,
paragraph 2, of the Statute of the International Court of Justice, until such time
as notice may be given to terminate this acceptance, over all disputes arising out
of situations or facts that took place no earlier than one hundred years before the
dispute is brought before the said Court.
This declaration replaces, with effect from 1 March 2017, the previous declaration
of the Kingdom of the Netherlands of 1 August 1956.
Nicaragua
24-09-1929
On behalf of the Republic of Nicaragua, I recognize as compulsory unconditionally the jurisdiction of the Permanent Court of International Justice.
24-10-2001
Nicaragua will not accept the jurisdiction or competence of the International Court of Justice in relation to any matter or claim based on interpretations of treaties or arbitral awards that were signed and ratified or made, respectively, prior to 31 December 1901.
Bezwaar Costa Rica, 09-01-2002
I have the honour to write to you in your capacity as depositary of the declarations
provided for in Article 36, paragraph 2, of the Statute of the International Court
of Justice, with reference to note MRE/DW1081/10/01, which the Minister for Foreign
Affairs of Nicaragua transmitted to you on 24 October 2001.
On 24 September 1929, the Republic of Nicaragua recognized, unconditionally, the compulsory
jurisdiction of the Permanent Court of International Justice. That declaration was
deemed transferable to the jurisdiction of the International Court of Justice by virtue
of Article 36, paragraph 5, of the Statute of the Court. On various occasions, Nicaragua
has used this optional declaration to bring proceedings before the International Court
of Justice. In the Military and Paramilitary Activities In and Against Nicaragua case
between Nicaragua and the United States of America, the Court found that this declaration
was valid.
The above-mentioned note from the Minister for Foreign Affairs of Nicaragua, dated
24 October 2001, represents a casuistic attempt by the Nicaraguan Government to modify
its voluntary declaration of unconditional acceptance of the compulsory jurisdiction
of the International Court of Justice as follows:
"Nicaragua will not accept as from 1 November 2001 the jurisdiction or competence
of the International Court of Justice in relation to any matter or claim based on
interpretations of treaties or arbitral awards that were signed and ratified or made,
respectively, prior to 31 December 1901."
The Government of Costa Rica considers that this purported "reservation" is not permissible
for the following reasons: (1) Public international law does not recognize the right
to formulate reservations a posteriori to unconditional declarations of acceptance
of the jurisdiction of the International Court of Justice; (2) Nicaragua is unable
to formulate this "reservation" by virtue of its unilateral declarations before the
same Court with respect to the nature of its acceptance of compulsory jurisdiction
and the possibility of modifying it; (3) Even if this reservation were permissible,
which it is not, the lack of a reasonable time period for its entry into force renders
such a "reservation" contrary to the principle of good faith in international relations.
In addition, it is worth noting that the foregoing is supported by the provision of
the Vienna Convention on the Law of Treaties contained in article 2, paragraph 1 (d),
on the meaning of a reservation. Moreover, the provision contained in article 20,
paragraph 3, of that Convention should also be borne in mind with respect to the formulation
of a reservation to a treaty which is a constituent instrument of an international
organization.
I must point out that the note to which my Government objects was not transmitted
spontaneously. Rather, it represents a reaction to the fact that my Government has
included an item in the national budget to cover the cost of the possible filing of
a claim by Costa Rica against Nicaragua before the International Court of Justice
for its failure to abide by the provisions agreed upon by both countries in the Cailas-Jerez
Treaty of 1858 and the Cleveland Award of 1888. Both instruments were signed and ratified
during the period which Nicaragua now seeks to exclude from the Court's jurisdiction
by means of the above-mentioned reservation. However, in its haste, it has overlooked
the fact that, on 21 February 1949, the Government of Nicaragua signed a Pact of Amity
with Costa Rica. Article III of that instrument reflects the commitment to apply the
American Treaty on Pacific Settlement. Nicaragua has also failed to consider that,
on 9 January 1956, as a corollary to the 1949 Pact of Amity, Nicaragua and Costa Rica
signed, at the Pan American Union in Washington, an agreement to facilitate and expedite
traffic on the San Juan River within the terms of the Treaty of 15 April 1858 and
its interpretation given by arbitration on 22 March 1888. Both instruments were ratified
in due course by both countries. The purported reservation also fails to include the
judgement pronounced on 20 September 1916 by the Central American Court of Justice.
The 1916 judgement of the Central American Court of Justice, the 1949 Pact of Amity
and the 1956 agreement reinforce a set of legal rules which must be respected.
1. International law does not give Nicaragua the right to formulate reservations a
posteriori to its unconditional declaration of acceptance of the jurisdiction of the
International Court of Justice.
In the judgement on the jurisdiction of the International Court of Justice pronounced
in the Military and Paramilitary Activities In and Against Nicaragua case, the Court
indicated that States could not modify their acceptance of the Court's compulsory
jurisdiction as they pleased, but were bound by the terms of their declarations.
The Court noted, in particular, that the right to terminate declarations with indefinite
duration was far from established in international law.
Nicaragua itself has recognized that contemporary international law does not give
States the power to modify unilaterally their optional declarations of acceptance
of the compulsory jurisdiction of the International Court of Justice when such declarations
are unconditional.
In its written pleadings in the Border and Transborder Armed Actions case between
Nicaragua and Honduras, Nicaragua stated categorically that a State bound by an optional
declaration could not modify or denounce that declaration. Nicaragua claimed that
the declaring State was bound by the terms of the optional declaration and that, by
virtue of the principle of good faith, it could not seek to disengage unilaterally
from the obligations it had acquired in making that declaration.
Nicaragua argued that that rule arose from an analogous application of the customary
principles of the law of treaties. Nicaragua indicated that the principles incorporated
into the Vienna Convention on the Law of Treaties were applicable to voluntary declarations
of acceptance of the Court's jurisdiction in respect of denunciation and reservation,
meaning that such declarations could not be modified unless the declaring State had
previously reserved that right. Lastly, Nicaragua maintained that State practice showed
that a State could modify an optional declaration only when it reserved the right
to do so at the time it made the original declaration.
In its written pleadings in the jurisdictional phase of the Military and Paramilitary
Activities case, Nicaragua argued that the legality of a purported modification depended
on the intention of the declaring State at the time of making the original optional
declaration. If the declaring State did not expressly reserve the right to make modifications,
that State did not have the power to change its declaration or to formulate reservations.
Insofar as the declaration of acceptance of the compulsory jurisdiction of the International
Court of Justice made by Nicaragua in 1929 does not include any conditions or time
limits, nor does it expressly reserve the right to modify its content, Nicaragua has
no right to formulate reservations to its acceptance of the Court's compulsory jurisdiction.
2. Nicaragua, by virtue of its public unilateral declarations before the Court with
respect to the nature of its optional declaration and the possibility of modifying
it, cannot formulate any reservations.
In a number of unilateral declarations, Nicaragua has recognized that its own declaration
of acceptance of the Court's compulsory jurisdiction cannot be modified in any way.
In its written pleadings in the Military and Paramilitary Activities case, Nicaragua
pointed out that its 1924 declaration could not be terminated or modified without
prior notice and that any withdrawal or modification of the declaration must be based
on the principles of the law of treaties. What is more, Nicaragua indicated categorically
that the assumption that its declaration could be modified without prior notice was
unfounded in the law relating to consensual legal obligations arising from optional
declarations. In the same case, Nicaragua argued against the possibility of unilaterally
modifying declarations of acceptance of the Court's compulsory jurisdiction. Nicaragua
based its arguments both on the writings of the most distinguished legal experts and
on considerations of principle. Nicaragua noted that the existence of a universal
right of unilateral modification of optional declarations would violate the system
of optional clauses in the Statute and would essentially eliminate the compulsory
nature ofthe Court's jurisdiction.
These arguments demonstrate both Nicaragua's intention that its 1929 declaration of
acceptance of the Court's compulsory jurisdiction should not be subject to any modification
or denunciation and its repeated contention that the unilateral modification of such
declarations, in the absence of a previous reservation, is contrary to international
law. This acknowledgement of the legal situation is binding on Nicaragua. Under the
principles of estoppel and good faith, Nicaragua cannot, at this time, reverse those
positions.
Accordingly, Costa Rica considers that Nicaragua cannot now claim to modify unilaterally
its unconditional acceptance of the voluntary jurisdiction of the Court by means of
a purported "reservation".
Even if Nicaragua had the right to formulate a reservation to its optional declaration,
which it does not, the lack of a reasonable time period for its entry into force renders
such a "reservation" null and void.
In the Military and Paramilitary Activities case, the International Court of Justice
indicated that, while the right to denounce declarations without limit of time was
far from established in international law, if such a right existed, then any denunciation
would, by analogy with the law of treaties, have to provide for a reasonable time
period before it entered into force. This principle applies, by analogy, to the introduction
of changes to the voluntary acceptance of the Court's compulsory jurisdiction. Consequently,
even if Nicaragua could modify its optional declaration by means of a reservation,
which is not the case, then such a modification would have to be subject to a reasonable
time period, by virtue of the principle of good faith.
It should be noted that, in the Border and Transborder Armed Actions case, Nicaragua
argued that only a period of at least 12 months could be considered reasonable for
any modification of a declaration of voluntary acceptance of the Court's jurisdiction.
Nicaragua's purported "reservation", which my Government has analysed in this note,
provides for a period of only eight days from the time of its signature by the President
of Nicaragua to the time of its purported entry into force. Even if Nicaragua were
legally in a position to modify its acceptance of the Court's compulsory jurisdiction,
which it is not, a period of eight days would not meet the requirement of a reasonable
time period for the entry into force of such a modification.
What is more, Nicaragua, by virtue of its declarations in the Border and Transborder
Armed Actions case, would be obligated, under the principles of good faith and estoppel,
to provide for a period of at least 12 months before the purported "reservation" could
enter into force. Accordingly, the purported "reservation" formulated on 24 October
2001 cannot be considered to meet the minimum requirements imposed by the principle
of good faith.
Jurisdiction of the Court and the Pact of Bogotá:
Moreover, in the case of Nicaragua, as in the case of any other Latin American State
party to the Pact of Bogotá, the denunciation of the Statute of the Court would not
disengage it from the obligation to recognize the competence of that Court as a respondent,
for the following reason:
In April 1948, the American Treaty on Pacific Settlement, better known as the Pact
of Bogotá, was adopted. Costa Rica ratified it on 27 April 1949, and Nicaragua, in
turn, ratified it on 26 July 1950. Accordingly, the Pact of Bogotá has been in force
between Costa Rica and Nicaragua as from the latter date.
The Pact contains a definitive declaration of recognition of the compulsory jurisdiction
of the Court for all disputes of a juridical nature among the States parties to the
Pact. Article XXXI of the Pact says:
" 1n conformity with Article 36, paragraph 2, of the Statute of the International
Court of Justice, the High Contracting Parties declare that they recognize in relation
to any other American State, the jurisdiction of the Court as compulsory ipso facto,
without the necessity of any special agreement so long as the present Treaty is in
force, in all disputes of a juridical nature that arise among them ......"
Therefore, since both Costa Rica and Nicaragua are ratifying parties to the Pact of
Bogotá, there can be no doubt that both parties have recognized the compulsory jurisdiction
of the International Court of Justice to settle any legal dispute between them.
The above-mentioned article XXXI has the legal effect of transforming the vague juridical
relations arising from unilateral declarations made by the parties under the optional
clause into contractual relations which have the force and stability characteristic
of an obligation arising directly from a treaty.
Dr. Eduardo Jimenez de Aréchega, a distinguished Uruguayan jurist who had the honour
to serve as President of the International Court of Justice, maintained that there
were substantial differences between the exercise of the optional clause and the fact
of being a party to a convention. In an opinion which he provided to Costa Rica in
his capacity as adviser to our country in the 1986 Nicaragua v. Costa Rica case, he
gave the following explanation:
"The fundamental difference between the recognition of the Court's jurisdiction expressed
by the parties to the Pact of Bogotá and that expressed by other States under the
optional clause is as follows: (a) once the Pact of Bogotá has been ratified by an
American State, the recognition of the Court's jurisdiction may be withdrawn only
by denunciation of the Pact itself, which must be effected with at least one year's
notice; and (b) the States which ratified the Pact could have introduced reservations
to their recognition of the Court's jurisdiction if they had done so at the time of
signature. As they did not do so with respect to the recognition of the compulsory
jurisdiction of the Court, article XXXI became a mechanism for accepting fully the
Court's jurisdiction, and is completely different in this regard from the very conditional
acceptance which the majority of States have expressed through the application of
the optional clause.
'From these substantial differences, it follows that the American States parties to
the Pact of Bogotá have established a legal system among themselves whereby the optional
clause has been replaced by the categorical declaration contained in article XXXI
of the Pact. The declarations made by American States in exercise of their prerogative
under Article 36, paragraph 2, of the Statute of the Court only have the legal effect
of establishing the tenuous relations under that clause exclusively with States which
are not Contracting Parties to the Pact of Bogotá, but not the contractual obligation
created by article XXXI to recognize, with the force of a treaty, the obligation to
grant the American States parties to the Pact of Bogotá the right to bring claims
against other American States before the Court at The Hague".
Consequently, even if Nicaragua's Presidential Decree revoking the unilateral declaration
of 1929 in which Nicaragua recognized the jurisdiction of the Court at The Hague to
settle legal disputes with any other State having expressed the same recognition were
valid, which it is not, that nation would still be bound to recognize the competence
of the Court at The Hague to settle legal disputes with any other Latin American State
party to the Pact of Bogotá.
In light of the above, so long as the Pact of Bogotá is in force, Nicaragua cannot
deny the competence of the International Court of Justice to hear and settle any legal
dispute brought before it by Costa Rica.
For all the foregoing reasons, the Government of Costa Rica hereby presents a formal
objection to the "reservation" formulated by the Government of Nicaragua, and declares
that, for all intents and purposes, it will consider such reservation to be non-existent.
I should be grateful if you would transmit this document to the secretariat of the
International Court of Justice and to the States parties to its Statute. Likewise,
I should be grateful if you would have it circulated to the General Assembly as a
document of the Assembly under the agenda item relating to the consideration of the
report of the International Court of Justice to the General Assembly.
Nieuw-Zeeland
22-09-1977
(I) The acceptance by the Government of New Zealand of the compulsory jurisdiction
of the International Court of Justice by virtue of the Declaration made on l April
1940 under Article 36 of the Statute of the Permanent Court of International Justice,
and made applicable to the International Court of Justice by paragraph 5 of Article
36 of the Statute of that Court, is hereby terminated:
(II) The Government of New Zealand accepts as compulsory, ipso facto, and without
special agreement, on condition of reciprocity, the jurisdiction of the International
Court of Justice in conformity with paragraph 2 of Article 36 of the Court over all
disputes other than:
1 Disputes in regard to which the parties have agreed or shall agree to have recourse
to some other method of peaceful settlement:
2 Disputes in respect of which any other party to the dispute has accepted the compulsory
jurisdiction of the International Court of Justice only in relation to or for the
purpose of the dispute: or where the acceptance of the Court's compulsory jurisdiction
on behalf of any other party to the dispute was deposited or ratified less than twelve
months prior to the filing of the application bringing the dispute before the Court:
3 Disputes arising out of or concerning the jurisdiction or rights claimed or exercised
by New Zealand in respect of the exploration, exploitation, conservation or management
of the living resources in marine areas beyond and adjacent to the territorial sea
of New Zealand but within 200 nautical miles from the baselines from which the breadth
of the territorial sea is measured.
This Declaration shall remain in force for a period of five years from 22 September
1977 and thereafter until the expiration of six months after notice has been given
of the termination of this Declaration provided that the Government of New Zealand
reserves the right at any time to amend this Declaration in the light of the results
of the Third United Nations Conference on the Law of the Sea in respect of the settlement
of disputes.
Nigeria
30-04-1998
I have the honour, on behalf of the Government of the Federal Republic of Nigeria,
to declare that the acceptance by the Government of the Federal Republic of Nigeria
of the compulsory jurisdiction of the International Court of Justice by virtue of
the Declaration made on 14th August, 1965 under Article 36 of the Statute of the Court,
is hereby amended so as to read as set out in the following paragraph;
In conformity with paragraph 2 of article 36 of the Statute, the Government of the
Federal Republic of Nigeria accepts as compulsory ipso facto and without special agreement,
in relation to any other State accepting the same obligation, that is to say, on condition
of reciprocity, the jurisdiction of the Court over all legal disputes referred to
in that paragraph of the Statute other than;
(i) disputes in respect of which any party to the dispute has accepted the jurisdiction
of the Court by a Declaration deposited less than Twelve Months prior to the filing
of an Application bringing the dispute before the Court after the date of this amended
Declaration;
(ii) disputes in respect of which any party has filed an Application in substitution
for or in lieu of all or any part of any Application to which sub-paragraph (i) refers;
(iii) disputes relating to matters which are essentially within the domestic jurisdiction
of the Federal Republic of Nigeria;
(iv) disputes in respect of which any other party to the dispute has accepted the
jurisdiction of the Court only in relation to or for the purposes of the dispute;
(v) disputes in regard to which the parties have agreed or agree to have recourse
to any other method of peaceful settlement;
(vi) disputes relating to or connected with facts or situations of hostilities or
armed conflict, whether internal or international in character;
(vii) disputes with any State with which the Government of Nigeria does not have diplomatic
relations;
(viii) disputes concerning the allocation, delimitation or demarcation of territory
(whether land, maritime, lacustrine or superjacent air space) unless the Government
of Nigeria specially agrees to such jurisdiction and within the limits of any such
special agreement.
(ix) disputes in relation to matters which arose prior to the date of Nigeria's independence,
including any dispute the causes, origins or bases of which arose prior to that date.
The Government of the Federal Republic of Nigeria further reserves the right at any
time, by means of a notification addressed to the Secretary-General of the United
Nations, and with effect from the moment of such notification, to add to, amend or
withdraw this Declaration or the reservations contained therein or any that may hereafter
be added.
Noorwegen
24-06-1996
I hereby declare on behalf of the Royal Norwegian Government that Norway recognizes as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, that is on condition of reciprocity, the jurisdiction of the International Court of Justice in conformity with Article 36, paragraph 2, of the Statute of the Court, for a period of five years as from 3 October 1976. This declaration shall thereafter be tacitly renewed for additional periods of five years, unless notice of termination is given not less than six months before the expiration of the current period; provided, however, that the limitations and exceptions relating to the settlement of disputes pursuant to the provisions of, and the Norwegian declarations applicable at any given time to, the United Nations Convention on the Law of the Sea of 10 December 1982 and the Agreement of 4 December 1995 for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, shall apply to all disputes concerning the law of the sea.
Oostenrijk
19-05-1971
I hereby declare that the Republic of Austria recognizes as compulsory ipso facto
and without special agreement, in relation to any other State which accepts or has
accepted the same obligation, the jurisdiction of the International Court of Justice
in all legal disputes referred to in paragraph 2 of Article 36 of the Statute of the
International Court of Justice.
This Declaration does not apply to any dispute in respect of which the parties thereto
have agreed or shall agree to have recourse to other means of peaceful settlement
for its final and binding decision.
This Declaration shall remain in force for a period of five years and thereafter until
it will be terminated or modified by a written declaration.
Oost-Timor
04-10-2012
[...] the Democratic Republic of Timor-Leste accepts as compulsory ipso facto and
without special agreement, the jurisdiction of the International Court of Justice
in conformity with Article 36, paragraph 2, of the Statute of the Court, until such
time as notice may be given to terminate this acceptance. This declaration is effective
immediately.
The Government of the Democratic Republic of Timor-Leste reserves the right at any
time, by means of a notification addressed to the Secretary-General of the United
Nations, either to amend the present declaration or to amend or withdraw an[y] reservation
that may hereafter be added.
Pakistan
13-09-1960
The Government of Pakistan recognize as compulsory ipso facto and without special
agreement in relation to any other State accepting the same obligation, the jurisdiction
of the International Court of Justice in all legal disputes after the 24th June, 1948,
arising, concerning:
(a) The interpretation of a treaty;
(b) Any question of international law;
(c) The existence of any fact which, if established, would constitute a breach of
an international obligation;
(d) The nature or extent of the reparation to be made for the breach of an international
obligation;
Provided, that the declaration shall not apply to:
(a) Disputes the solution of which the parties shall entrust to other tribunals by
virtue of agreements already in existence or which may be concluded in the future;
or
(b) Disputes relating to questions which by international law fall exclusively within
the domestic jurisdiction of Pakistan;
(c) Disputes arising under a multilateral treaty unless
(i) All parties to the treaty affected by the decision are also parties to the case
before the Court, or
(ii) The Government of Pakistan specially agree to jurisdiction; and
provided further, that this Declaration shall remain in force till such time as notice
may be given to terminate it.
29-03-2017
… that [the] Government of the Islamic Republic of Pakistan recognizes as compulsory
ipso facto and without special agreement in relation to any other State accepting
the same obligation, the jurisdiction of the International Court of Justice under
the Statute of the International Court of Justice.
Provided that this Declaration shall not apply to:
a) disputes the resolution of which the parties shall entrust to other tribunals by
virtue of agreements already in existence or which may be concluded in the future;
or
b) disputes relating to questions which fall essentially within the domestic jurisdiction
of the Islamic Republic of Pakistan;
c) disputes relating to or connected with any aspect of hostilities, armed conflicts,
individual or collective self-defence or the discharge of any functions pursuant to
any decision or recommendation of international bodies, the deployment of armed forces
abroad, as well as action relating and ancillary thereto in which Pakistan is, has
been or may in future be involved;
d) disputes with regard to which any other party to a dispute has accepted the compulsory
jurisdiction of the International Court of Justice exclusively for or in relation
to the purposes of such dispute; or where the acceptance of the Court's compulsory
jurisdiction on behalf of a party to the dispute was deposited or ratified less than
12 months prior to the filing of the application bringing the dispute before the Court;
e) all matters related to the national security of the Islamic Republic of Pakistan;
f) disputes arising under a multilateral treaty or any other international obligation
that the Islamic Republic of Pakistan has specifically undertaken unless:
i) all the parties to the treaty affected by the decision are also parties to the
case before the Court, or
ii) the Government of the Islamic Republic of Pakistan specifically agrees to jurisdiction,
and
iii) the Government of the Islamic Republic of Pakistan is also a Party to the treaty.
g) any dispute about the delimitation of maritime zones, including the territorial
sea, the exclusive economic zone, the continental shelf, the exclusive fishery zone
and other zones of national maritime jurisdiction or the exploitation of any disputed
area adjacent to any such maritime zone;
h) disputes with the Islamic Republic of Pakistan pertaining to the determination
of its territory or the modification or delimitation of its frontiers or boundaries;
i) all disputes prior to this Declaration although they are filed before this Court
hereafter.
[The] Government of the Islamic Republic of Pakistan reserves the right at any time,
by means of a written notification addressed to the Secretary-General of the United
Nations, and with effect from the moment of such notification, either to amend or
terminate this Declaration.
This Declaration revokes and substitutes the previous Declaration made on 12 September
1960.
Panama
25-10-1921
On behalf of the Government of Panama, I recognize, in relation to any other Member or State which accepts the same obligation, that is to say, on the sole condition of reciprocity, the jurisdiction of the Court as compulsory, ipso facto and without any special convention.
Paraguay
25-09-1996
I hereby accept on behalf of the Government of Paraguay the compulsory jurisdiction of the International Court of Justice, with headquarters at The Hague, reciprocally in relation to other States accepting the same obligation in respect of all disputes as provided for in Article 36, paragraph 2, of the Statute of the Court. The present declaration shall apply only to disputes arising subsequent to the date of this declaration.
Peru
07-07-2003
In accordance with Article 36, paragraph 2, of the Statute of the International Court
of Justice, the Government of Peru recognizes as compulsory ipso facto and without
special agreement, in relation to any other State accepting the same obligation and
on condition of reciprocity, the jurisdiction of the International Court of Justice
in all legal disputes, until such time as it may give notice withdrawing this declaration.
This declaration does not apply to any dispute with regard to which the parties have
agreed or shall agree to have recourse to arbitration or judicial settlement for a
final and binding decision or which has been settled by some other method of peaceful
settlement.
The Government of Peru reserves the right at any time by means of a notification addressed
to the Secretary-General of the United Nations to amend or withdraw this declaration
or reservations set out herein. Such notification shall take effect on the day on
which it is received by the Secretary-General of the United Nations.
This declaration shall apply to countries that have entered reservations or set conditions
with respect to it, with the same restrictions as set by such countries in their respective
declarations.
Polen
25-03-1996
The Republic of Poland shall recognize with the effect as of 25 September 1996, in
accordance with the provisions of [article 36] as compulsory ipso facto and without
special agreement, in relation to any other state accepting the same obligation and
subject to the sole condition of reciprocity, the jurisdiction of the International
Court of Justice in all legal disputes other than:
a) disputes prior to 25 September 1990 or disputes arisen out of facts or situations
prior to the same date;
b) disputes with regard to the territory or State boundaries;
c) disputes with regard to environmental protection;
d) disputes with regard to foreign liabilities or debts;
e) disputes with regard to any State which has made a declaration accepting the compulsory
jurisdiction of the International Court of Justice less than twelve months prior to
the filing of the application bringing the dispute before the Court;
f) disputes in respect whereof parties have agreed, or shall agree, to have recourse
to some other method of peaceful settlement;
g) disputes relating to matters which, by international law, fall exclusively within
the domestic jurisdiction of the Republic of Poland.
The Government of the Republic of Poland also reserves its right to withdraw or modify
the present Declaration at any time and by means of a notification addressed to the
Secretary-General of the United Nations, taking effect after six months from the moment
whereof.
10-07-2024
On behalf of the Government of the Republic of Poland, I give notice that the Republic
of Poland hereby withdraws its consent to the compulsory jurisdiction of the International
Court of Justice communicated on 25 March 1996 in conformity with paragraph 2 of Article
36 of the Statute of the Court. At the same time, I declare that the Republic of Poland
shall recognize as of 10 January 2025, in accordance with the provisions of the aforementioned
article, the jurisdiction of the International Court of Justice as compulsory ipso
facto and without special agreement, in relation to any other State accepting the
same obligation and subject to the sole condition of reciprocity, in all legal disputes
other than:
a) disputes prior to 25 September 1990 or disputes arisen out of facts or situations
prior to the same date,
b) disputes with regard to territory and State boundaries,
c) disputes with regard to environmental protection,
d) disputes about foreign liabilities or debts,
e) disputes with regard to any State which has made a declaration accepting the compulsory
jurisdiction of the International Court of Justice less than twelve months prior to
the filing of the application bringing the dispute before the Court,
f) disputes in respect whereof the parties have agreed or shall agree to have recourse
to other method of peaceful settlement,
g) disputes relating to matters which, by international law, fall exclusively within
the domestic jurisdiction of the Republic of Poland,
h) any claim or dispute of which the Republic of Poland has not been notified by the
State or States concerned in writing, including of an intention to submit the claim
or dispute to the Court failing an amicable settlement, at least six months in advance
of the submission of the claim or dispute to the Court.
The Government of the Republic of Poland reserves its right to withdraw or modify
the present Declaration at any time by means of a notification addressed to the Secretary-General
of the United Nations, taking effect six months after the date of notification.
[...]
Portugal
25-02-2005
On behalf of the Portuguese Republic, I declare and give notice that Portugal, continuing
to accept the jurisdiction of the International Court of Justice, amends its declaration
made on 19 December 1955, replacing its terms by the following:
1. Under Article 36, paragraph 2, of the Statute of the International Court of Justice,
the Portuguese Republic recognizes the jurisdiction of the Court as compulsory ipso
facto and without special agreement, in relation to any other State accepting the
same obligation (and to the extent it accepts it), until such time as notice may be
given to terminate the acceptance, in all legal disputes other than:
(i) any dispute which Portugal has agreed or shall agree with the other party or parties
thereto to settle by some other method of peaceful settlement;
(ii) any dispute with any State that has deposited or ratified the acceptance of the
Court's compulsory jurisdiction or an amendment thereto so that the dispute became
included in its scope less than twelve months prior to the filling of the application
bringing the dispute before the Court;
(iii) any dispute, unless it refers to territorial titles or rights or to sovereign
rights or jurisdiction, arising before 26 April 1974 or concerning situations or facts
prior to that date;
(iv) any dispute with a party or parties to a treaty regarding which the jurisdiction
of the International Court of Justice has, under the applicable rules, been explicitly
excluded, irrespective of whether the scope of the dispute refers to the interpretation
and application of the treaty provisions or to other sources of international law.
2. The Portuguese Republic also reserves the right at any time, by means of a notification
addressed to the Secretary-General of the United Nations, and with effect as from
the moment of such notification, either to add to, amend or withdraw any of the foregoing
reservations, or any that may hereafter be added.
Roemenië
23-06-2015
Romania declares that it recognises as compulsory ipso facto and without special agreement,
in relation to any other State accepting the same obligation, meaning on the condition
of reciprocity, the jurisdiction of the International Court of Justice, in accordance
with Article 36 (2) of the Statute of the Court, in relation to all legal disputes
related to facts or situations arising after this declaration is made, other than:
(a) any dispute in regard to which the parties thereto have agreed or shall agree
to have recourse to some other method of peaceful settlement for its final and binding
decision;
(b) any dispute with any State which has accepted the compulsory jurisdiction of the
International Court of Justice under Article 36 (2) of the Statute less than twelve
months prior to filing an application bringing the dispute before the Court or where
such acceptance has been made only for the purpose of a particular dispute;
(c) any dispute regarding to the protection of the environment;
(d) any dispute relating to, or connected with, hostilities, war, armed conflict,
individual or collective self-defence or the discharge of any functions pursuant to
any decision or recommendation of the United Nations, the deployment of armed forces
abroad, as well as decisions relating thereto;
(e) any dispute relating to, or connected with, the use for military purposes of the
territory of Romania, including the airspace and territorial sea, or maritime zones
subject to its sovereign rights and jurisdiction;
(f) any dispute relating to matters which by international law fall exclusively within
the domestic jurisdiction of Romania.
This Declaration shall remain in force until such time as notice may be given to the
Secretary-General of the United Nations withdrawing or modifying this declaration,
and with effect from the moment of such notification.
Senegal
02-12-1985
I have the honour, on behalf of the Government of the Republic of Senegal, to declare
that, in accordance with Article 36, paragraph 2, of the Statute of the International
Court of Justice, it accepts on condition of reciprocity as compulsory ipso facto
and without special agreement, in relation to any other State accepting the same obligation,
the jurisdiction of the Court in all legal disputes born subsequently to the present
declaration concerning:
- the interpretation of a treaty;
- any question of international law;
- 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.
This declaration is made on condition of reciprocity on the part of all States. However,
Senegal may waive the competence of the Court in regard to:
- disputes concerning which the parties have agreed to have recourse to some other
method of settlement;
- disputes with regard to questions which by international law fall within the exclusive
competence of Senegal.
Lastly, the Government of the Republic of Senegal reserves the right at any time,
by means of a notification addressed to the Secretary-General of the United Nations,
to add, to amend or to withdraw the foregoing reservations.
Such notification shall be effective on the date of its receipt by the Secretary-General.
Slowakije
28-05-2004
On behalf of the Slovak Republic I have the honour to declare that the Slovak Republic
recognizes as compulsory ipso facto and without special agreement, in relation to
any other State accepting the same obligation, that is on condition of reciprocity,
the jurisdiction of the International Court of Justice in conformity with Article
36, paragraph 2, of the Statute of the Court over all legal disputes arising after
the date of signature of the present declaration with regard to situations or facts
subsequent to the same date.
This declaration does not apply to disputes:
(1) Which the parties have agreed to settle by some other method of peaceful settlement;
(2) in respect of which any other Party to the dispute has accepted the jurisdiction
of the International Court of Justice only in relation to or for the purpose of the
dispute; or when the declaration recognizing the jurisdiction of the Court on behalf
of any other Party to the dispute was deposited less than twelve months prior to the
filing of the unilateral application bringing the dispute before the Court;
(3) with regard to the protection of environment;
(4) with regard to questions which by international law fall exclusively within the
domestic jurisdiction of the Slovak Republic.
The Slovak republic reserves the right at any time, by means of a notification addressed
to the Secretary-General of the United Nations, and with effect as from the date of
receipt of such notification, to amend or withdraw this declaration.
Somalië
11-04-1963
I have the honour to declare on behalf of the Government of the Somali Republic that
the Somali Republic accepts as compulsory ipso facto, and without special agreement,
on condition of reciprocity, the jurisdiction of the International Court of Justice,
in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such
times as notice may be given to terminate the acceptance, over all legal disputes
arising other than disputes in respect of which any other Party to the dispute has
accepted the compulsory jurisdiction of the International Court of Justice only in
relation to or for the purposes of the dispute; or where the acceptance of the Court's
compulsory jurisdiction on behalf of any other Party to the dispute was deposited
or ratified less than twelve months prior to the filing of the application bringing
the dispute before the Court.
The Somali Republic also reserves the right at any time by means of a notification
addressed to the Secretary-General of the United Nations, and with effect as from
the moment of such notification, either to add to, amend or withdraw any of the foregoing
reservations, or any that may hereafter be added.
Spanje
29-10-1990
The Kingdom of Spain accepts as compulsory ipso facto and without special agreement,
the jurisdiction of the International Court of Justice, in conformity with Article
36, paragraph 2, of the Statute of the Court, in relation to any other State accepting
the same obligation, on condition of reciprocity, in legal disputes not included among
the following situations and exceptions:
a) Disputes in regard to which the Kingdom of Spain and the other party or parties
have agreed or shall agree to have recourse to some other method of peaceful settlement
of dispute;
b) Disputes in regard to which the other party or parties have accepted the compulsory
jurisdiction of the Court only in relation to or for the purposes of the dispute in
question;
c) Disputes in regard to which the other party or parties have accepted the compulsory
jurisdiction of the Court less than 12 months prior to the filing of the application
bringing the dispute before the Court;
d) Disputes arising prior to the date on which this Declaration was deposited with
the Secretary-General of the United Nations or relating to events or situations which
occurred prior to that date, even if such events or situations may continue to occur
or to have effects thereafter.
2. The Kingdom of Spain may at any time, by means of a notification addressed to the
Secretary-General of the United Nations, add to, amend or withdraw, in whole or in
part, the foregoing reservations or any that may hereafter be added. These amendments
shall become effective on the date of their receipt by the Secretary-General of the
United Nations.
3. The present Declaration, which is deposited with the Secretary-General of the United
Nations in conformity with Article 36, paragraph 4, of the Statute of the International
Court of Justice, shall remain in force until such time as it has been withdrawn by
the Spanish Government or superseded by another declaration by the latter.
The withdrawal of the Declaration shall become effective after a period of six months
has elapsed from the date of receipt by the Secretary-General of the United Nations
of the relevant notification by the Spanish Government. However, in respect of States
which have established a period of less than six months between notification of the
withdrawal of their Declaration and its becoming effective, the withdrawal of the
Spanish Declaration shall become effective after such shorter period has elapsed.
Sudan
02-01-1958
I have the honour by direction of the Ministry of Foreign Affairs to declare, on behalf
of the Government of the Republic of the Sudan, that in pursuance of paragraph 2 of
Article 36 of the Statute of the International Court of Justice the Government of
the Republic of the Sudan recognize as compulsory ipso facto and without special agreement,
on condition of reciprocity, until such time as notice may be given to terminate this
Declaration, the jurisdiction of the International Court of Justice in all legal disputes
arising after the first day of January 1956 with regard to situations or facts subsequent
to that date concerning:
(a) The interpretation of a treaty concluded or ratified by the Republic of the Sudan
on or after the first day of January 1956;
(b) Any question of International Law;
(c) The existence of any fact, which, if established, would constitute a breach of
an international obligation; or
(d) The nature or extent of the reparation to be made for the breach of an international
obligation;
but excluding the following:
(i) Disputes in regard to which the parties to the dispute have agreed or shall agree
to have recourse to some other method of peaceful settlement;
(ii) Disputes in regard to matters which are essentially within the domestic jurisdiction
of the Republic of the Sudan as determined by the Government of the Republic of the
Sudan;
(iii) Disputes arising out of events occurring during any period in which the Republic
of the Sudan is engaged in hostilities as a belligerent.
Suriname
31-08-1987
The Government of the Republic of Suriname recognizes, in accordance with Article
36, paragraph 2 of the Statute of the International Court of Justice, with effect
from the seventh September 1987, as compulsory ipso facto and without special agreement,
in relation to any other State accepting the same obligation, that is on condition
of reciprocity, the jurisdiction of the said Court in all disputes, which have arisen
prior to this Declaration or may arise after this Declaration, with the exception
of:
A. disputes, which have arisen or may arise with respect to or in relation with the
borders of the Republic of Suriname;
B. disputes in respect of which the parties, excluding the jurisdiction of the International
Court of Justice, have agreed to settlement by means of arbitration, mediation or
other methods of conciliation and accommodation.
This declaration shall be binding for a period of five years and shall continue in
force after that period until twelve months after the Government of the Republic of
Suriname has given notice of its termination.
Togo
25-10-1979
Declares that it recognizes as compulsory ipso facto and without special agreement
in relation to any other State accepting the same obligation, that is, subject to
reciprocity, the jurisdiction of the International Court of Justice in all disputes
concerning:
(a) The interpretation of a treaty;
(b) Any question of international law;
(c) The existence of any fact which, if established, would constitute a breach of
an international obligation;
(d) The nature or extent of the reparation to be made for the breach of an international
obligation.
The present declaration has been made for an unlimited period subject to the power
of denunciation and modification attached to any obligation assumed by a sovereign
State in its international relations. It will enter into force on the day on which
it is received by the United Nations Secretariat.
Uganda
03-10-1963
[...] Uganda recognises as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, and on condition of reciprocity, the jurisdiction of the International Court of Justice in conformity with paragraph 2 of Article 36 of the Statute of the Court.
Uruguay
28-01-1921
On behalf of the Government of Uruguay, I recognize in relation to any Member or State accepting the same obligation, that is to say, on the sole condition of reciprocity, the jurisdiction of the Court as compulsory, ipso facto and without special convention.
Verenigd Koninkrijk
31-12-2014
1.The Government of the United Kingdom of Great Britain and Northern Ireland accept
as compulsory ipso facto and without special convention, on condition of reciprocity,
the jurisdiction of the International Court of Justice, in conformity with paragraph
2 of Article 36 of the Statute of the Court, until such time as notice may be given
to terminate the acceptance, over all disputes arising after 1 January 1984, with
regard to situations or facts subsequent to the same date, other than:
(i) any dispute which the United Kingdom has agreed with the other Party or Parties
thereto to settle by some other method of peaceful settlement;
(ii) any dispute with the government of any other country which is or has been a Member
of the Commonwealth;
(iii) any dispute in respect of which any other Party to the dispute has accepted
the compulsory jurisdiction of the International Court of Justice only in relation
to or for the purpose of the dispute; or where the acceptance of the Court's compulsory
jurisdiction on behalf of any other Party to the dispute was deposited or ratified
less than twelve months prior to the filing of the application bringing the dispute
before the Court;
(iv) any dispute which is substantially the same as a dispute previously submitted
to the Court by the same or another Party.
2.The Government of the United Kingdom also reserves the right at any time, by means
of a notification addressed to the Secretary-General of the United Nations, and with
effect as from the moment of such notification, either to add to, amend or withdraw
any of the foregoing reservations, or any that may hereafter be added.
22-02-2017
[…] on behalf of the Government of the United Kingdom of Great Britain and Northern
Ireland, that the United Kingdom's declaration under paragraph 2 of Article 36 of
the Statute of the International Court of Justice dated 30 December 2014 is hereby
replaced, with immediate effect, by the attached declaration.
1. The Government of the United Kingdom of Great Britain and Northern Ireland accept
as compulsory ipso facto and without special convention, on condition of reciprocity,
the jurisdiction of the International Court of Justice, in conformity with paragraph
2 of Article 36 of the Statute of the Court, until such time as notice may be given
to terminate the acceptance, over all disputes arising after 1 January 1987, with
regard to situations or facts subsequent to the same date, other than:
(i) any dispute which the United Kingdom has agreed with the other Party or Parties
thereto to settle by some other method of peaceful settlement;
(ii) any dispute with the government of any other country which is or has been a Member
of the Commonwealth;
(iii) any dispute in respect of which any other Party to the dispute has accepted
the compulsory jurisdiction of the International Court of Justice only in relation
to or for the purpose of the dispute; or where the acceptance of the Court's compulsory
jurisdiction on behalf of any other Party to the dispute was deposited or ratified
less than twelve months prior to the filing of the application bringing the dispute
before the Court;
(iv) any claim or dispute which is substantially the same as a claim or dispute previously
submitted to the Court by the same or another Party;
(v) any claim or dispute in respect of which the claim or dispute in question has
not been notified to the United Kingdom by the State or States concerned in writing,
including of an intention to submit the claim or dispute to the Court failing an amicable
settlement, at least six months in advance of the submission of the claim or dispute
to the Court;
(vi) any claim or dispute that arises from or is connected with or related to nuclear
disarmament and/or nuclear weapons, unless all of the other nuclear-weapon States
Party to the Treaty on the Non-Proliferation of Nuclear Weapons have also consented
to the jurisdiction of the Court and are party to the proceedings in question.
2. The Government of the United Kingdom also reserves the right at any time, by means
of a notification addressed to the Secretary-General of the United Nations, and with
effect as from the moment of such notification, either to add to, amend or withdraw
any of the foregoing reservations, or any that may hereafter be added.
Zweden
06-04-1957
On behalf of the Royal Swedish Government, I declare that it accepts as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice, in accordance with Article 36, paragraph 2, of the Statute of the said Court for a period of five years as from 6 April 1957. This obligation shall be renewed by tacit agreement for further periods of the same duration unless notice of abrogation is made at least six months before the expiration of any such period. The above-mentioned obligation is accepted only in respect of disputes which may arise with regard to situations or facts subsequent to 6 April 1957.
Zwitserland
28-07-1948
The Swiss Confederation recognizes as compulsory ipso facto and without special agreement,
in relation to any other State accepting the same obligation, the jurisdiction of
the International Court of Justice in all legal disputes concerning:
a. The interpretation of a treaty;
b. Any question of international law;
c. The existence of any fact which, if established, would constitute a breach of an
international obligation;
d. The nature or extent of the reparation to be made for the breach of an international
obligation.
This declaration which is made under Article 36 of the Statute of the International
Court of Justice shall take effect from the date on which the Swiss Confederation
becomes a party to that Statute and shall have effect as long as it has not been abrogated
subject to one year's notice.