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国际法院的管辖权知识点

国际法院的管辖权
诉讼管辖权
(1)The court has jurisdiction under article 36(1) of its Seatute in all cases referred to it by parties,and regarding all matters specially provided for in the UN Chatter or in treaties or conventions in force
(2)Article 36(2),the so-called ‘optional clause’,stipulates that:
The states parties to the present Statue may at any time declare that they recognize 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 咨询管辖权
Article 65of the Statute declares that ‘the Court may give an advisory opinion on any legal question at the request of whatever body may be authorised by or in accordance with the charter of the United Nations to make such a request , while article 96 of the charter notes that as well as the General Assembly and Security Council ,other organs of the UN and specialized agencies where so authorised by the Assembly may request such opinions on legal questions arising within the scope of their activities.。

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