The ICJ's Jurisdiction: Costa Rica Position
Costa Rica asserts the ICJ's jurisdiction over the present dispute on two grounds. First, Cost Rica argues the ICJ possesses jurisdiction under Article 36 of the Statute of the Court.
Article 36 is the compulsory jurisdiction provision of the ICJ Statute, providing jurisdiction over four categories of cases for all state parties to the ICJ Statute that have declared such jurisdiction of the ICJ as compulsory. The four categories of cases include "the interpretation of a treaty, any question of international law, the existence of any fact which, if established, would constitute a breach of an international obligation, or the nature or extent of the reparation to be made for the breach of an international obligation."
Costa Rica cites the acceptance of the Court's compulsory jurisdiction made by Costa Rica in 1973 and Nicaragua in 1929.
Second, Costa Rica also asserts the ICJ's jurisdiction under Article 36 of the Statute of the Court. Article 36 provide for the ICJ's jurisdiction in "all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force."
By operation of the American Treaty on Pacific Settlement of Disputes, Article XXXI, Costa Rica invokes the ICJ's jurisdiction under Article 36 of the Statute of the Court.
Article Source: travel.state.gov
Article Source: www.juscogens.net
Article 36 is the compulsory jurisdiction provision of the ICJ Statute, providing jurisdiction over four categories of cases for all state parties to the ICJ Statute that have declared such jurisdiction of the ICJ as compulsory. The four categories of cases include "the interpretation of a treaty, any question of international law, the existence of any fact which, if established, would constitute a breach of an international obligation, or the nature or extent of the reparation to be made for the breach of an international obligation."
Costa Rica cites the acceptance of the Court's compulsory jurisdiction made by Costa Rica in 1973 and Nicaragua in 1929.
Second, Costa Rica also asserts the ICJ's jurisdiction under Article 36 of the Statute of the Court. Article 36 provide for the ICJ's jurisdiction in "all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force."
By operation of the American Treaty on Pacific Settlement of Disputes, Article XXXI, Costa Rica invokes the ICJ's jurisdiction under Article 36 of the Statute of the Court.
Article Source: travel.state.gov
Article Source: www.juscogens.net
posted by Tian at 1:44 PM
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