Reservations to Optional Declarations Granting Jurisdiction to the International Court of Justice

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Reservations to Optional Declarations Granting Jurisdiction to the International Court of Justice

9781035332212 Edward Elgar Publishing
Robert Kolb, Professor of Public International Law, Faculty of Law, University of Geneva, Switzerland
Publication Date: May 2024 ISBN: 978 1 03533 221 2 Extent: c 136 pp
In this incisive book, Robert Kolb sets out a short but nevertheless in-depth analysis of optional declarations for the jurisdiction of the International Court of Justice, and of the various reservations which restrict the jurisdiction. Concise and readable, the book examines the true scope of this jurisdiction once the numerous carve-outs of the reservations are subtracted.

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Contents
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In this incisive book, Robert Kolb sets out a short but nevertheless in-depth analysis of optional declarations for the jurisdiction of the International Court of Justice, and of the various reservations which restrict the jurisdiction. Concise and readable, the book examines the true scope of this jurisdiction once the numerous carve-outs of the reservations are subtracted.

Kolb constructs a detailed exploration of the reservations involved and their effects. After an overview of the optional declarations, chapters cover key topics such as reciprocity and how one should interpret the text of the many reservations. They delve into material reservations, including military and security, or reserved domain, territorial reservations and those relating to specific treaties, as well as temporal reservations and finally personal reservations.

Succinct and practical, this book is an important resource for lawyers and academics concerned with international law, especially those interested in the work of the International Court of Justice. It will also appeal to students and scholars of human rights, humanitarian law and terrorism and security.
Critical Acclaim
‘It is easy to get lost in the maze of optional clause declarations submitted under Article 36(2) of the ICJ Statute. Nearly all States limit the Court’s jurisdiction by supplementing their declarations with reservations, and these become longer and more complex. Robert Kolb’s newest book is a guide through the maze of the optional clause system. It identifies standard types of reservations, highlights trends in the practice of States and distils key takeaways from the ICJ’s jurisprudence. It does not ignore the complexity of the topic, but provides us with a roadmap to confront it. Students, academics and practitioners will read it with benefit.’
– Christian Tams, University of Glasgow, UK

‘Robert Kolb is one of the most erudite and prolific scholars of international law. A master in both theoretical and practical-technical questions, he is invariably devoted to methodological rigour. Excellently argued, this book fills the gap on reservations to optional declarations granting jurisdiction to the ICJ in a clear, systematic, and comprehensive way.’
– Carlo Focarelli, Roma Tre University, Italy

‘Professor Kolb’s trenchant and thorough assessment provides fascinating insights into the conflicted manner by which States expose themselves to the International Court of Justice’s jurisdiction—on the one hand, opting for ICJ scrutiny; on the other hand, formulating reservations that deny such scrutiny, often in areas of the greatest import.’
– Sean D. Murphy, George Washington University, US
Contents
Contents
1 Introduction: functions, power to issue, evolution,
types, language, and some other issues linked to
reservations
2 Reciprocity
3 Interpretation
4 Inversed declarations
5 Material reservations
6 Temporal reservations and conditions
7 Personal reservations
8 General conclusion
Bibliography
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