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Compulsory Jurisdiction in International Law

Vanda Lamm, Professor of International Law, Hungary and Member of the Institut de Droit International
The Statute of the Permanent Court of International Justice by the provisions of the optional clause has introduced a system of partial obligatory international adjudication based on the full observance of the voluntary acceptance of the court’s jurisdiction. This timely book offers a wide-ranging survey of the development of the optional clause system, the theoretical and procedural aspects of unilateral declarations of acceptance, and the different reservations added to these declarations. It also seeks to find solutions to the improvement of the system.
Extent: 336 pp
Hardback Price: $145.00 Web: $130.50
Publication Date: 2014
ISBN: 978 1 78347 320 5
Availability: In Stock

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  • Law - Academic
  • Constitutional and Administrative Law
  • Public International Law
The system of optional clause declarations is a unique regime of compulsory jurisdiction based on the two World Courts’ Statutes. This timely book offers a wide-ranging academic survey of the developments of that system, the theoretical and procedural aspects of the unilateral declarations of acceptance and the reservations added to these declarations.

The author critically examines those reservations which undermine the system of compulsory jurisdiction and discusses the major controversies. She considers the various aspects of compulsory jurisdiction giving special attention to the States’ practice, the Courts’ jurisprudence and both Courts’ relevant case law. The book contains a unique comparative analysis of all the declarations of acceptance made since the establishment of the Permanent Court of International Justice while also debating the shortcomings and the future of the system.

This comprehensive study will strongly appeal to international law academics and advanced students as well as to practitioners involved with international judicial fora.

Contents: 1. A Short History of the Arbitral Settlement of Interstate Disputes until the Establishment of the PCIJ 2. The Legislative History of the Optional Clause and its Conception 3. Declarations Accepting the Compulsory Jurisdiction of the Court 4. Admissibility of Reservations to Declarations of Acceptence 5. The Legal Character of the Optional Clause System 6. Reciprocity and the System of Optional Clause Declarations 7. Generally Accepted Reservations to Declarations of Acceptance 8. Destructive Reservations 9. Termination and Amendment of Declarations of Acceptance 10. Objecting to the Court’s Jurisdiction 11. Reconsidering the Optional Clause System Index