Legal Disputes Under Article 36(2) of the Statute (From International Court of Justice at a Crossroads, P 183-222, 1987, Lori Fisler Damrosch, ed. -- See NCJ-122854)

• NCJ Number: 122862
• Author(s): E Gordon
• Date Published: 1987
• Length: 40 pages
• Sale Source: Transnational Publisher Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This analysis of the history of the drafting of the statute governing the International Court of Justice concludes that some of the crucial terminology in Article 36(2) was intended descriptively and not as a means of restricting the types of disputes appropriate for resolution under the Article.

Abstract

Article 36(2) refers to the acceptance by nations of the Court's jurisdiction in "all legal disputes" concerning four types of issues: 1) the interpretation of a treaty, 2) any question of international law, 3) the existence of any fact that would constitute a breach of an international obligation, and 4) the nature or extent of the reparation to be made for the breach of an international obligation. Disagreement has existed over the meaning of the term "legal disputes" and whether it was intended to place a restriction on the four listed types of disputes. However, the history of the development of this wording indicates that it was not intended to establish such a restriction. 165 footnotes.