Jurisdiction of the International Court of Justice

1 Introduction  1 A Historical Review   a European Arbitrations in the 19th Century and the Permanent Court of Arbitration   b The First World Court—pcij   c The World Court under a New Order  2 A Hindsight—70 Years’ Experience   a The Initial Success—1946 to 1965   b A Dormant Period—1966 to 1984   c Towards a Revival—1985 to 1990   d New Challenges—1991 to the Present 2 The General Concepts  1 The Concept of Jurisdiction at International Level  2 Competence and Jurisdiction  3 Jurisdiction and Admissibility  4 Justiciability  5 Judicial Propriety  6 Non-appearance 3 Basic Rules and Principles—Part One  1 The Importance of the Principle of Consent  2 Modes of Expression of Consent   a Consent Granted by Agreements   b Consent Conferred by a Declaration of Acceptance of Compulsory Jurisdiction   c Consent Based on Forum Prorogatum   d Consent Derived from Other Sources  3 Mutuality and Reciprocity   a Scope of Consent   a Reservations and Conditions Attached to the Consent  4 Withdrawal of Consent 4 Basic Rules and Principles—Part Two  1 The Principle of Finality, res judicata   a The Concept of res judicata   b What Constitutes res judicata  2 Article 59 of the Statute—The res inter alios acta rule   a The Scope of res inter alios acta   a Protection of the Interest of the Third Party  3 The Monetary Gold Rule  4 The non ultra petita Rule 5 Preconditions for the Exercise of Jurisdiction  1 Existence of a Dispute   a The Notion of a Dispute   b Determination of the Existence of a Dispute   c The Relevant Date and the Existence of a Dispute   d The Subject-matter of a Dispute  2 Negotiation and Other Preconditions for the Seisin of the Court   a Prior Negotiation as a Condition   b Precondition Attached to Declarations Accepting Compulsory Jurisdiction of the Court   c Precondition in a Compromissory Clause 6 Competent Parties—Jurisdiction Ratione Personae  1 States—Access to the Court and Jurisdiction ratione personae   a Members of the United Nations   b Non-members of the United Nations   c Access to the Court in Case of State Succession   d The Role of States in Advisory Proceedings  2 International Organizations   a The Role in Contentious Cases   a Requests for Advisory Opinions  3 Jurisdictional Issues in Incidental Proceedings   a Interim Protection   a Intervention   c Counter-Claims 7 Subject-Matter Jurisdiction and Temporal Jurisdiction  1 Jurisdiction ratione materiae   a The Concept of Subject-Matter Jurisdiction   b The Title of Jurisdiction   c Multiple Titles of Jurisdiction   d Identification of the Subject-Matter   e Jurisdiction ratione materiae and Obligations erga omnes  2 Jurisdiction ratione temporis 8 Objections to Jurisdiction and Admissibility  1 Jurisdiction as a Matter for the Court to Decide  2 Preliminary Phase—Possible Bifurcation of the Proceedings  3 Decisions on Preliminary Questions Conclusion Bibliography List of Cases Index