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Treaty between two sovereign does jurisdiction falls under ICJ


01-Sep-2023 (In International Law Law)
Two sovereign nations entered into a treaty and submitted themselves to the jurisdiction of the ICJ, Hague, for settlement of any dispute that arose between them. However, a few years later, one of the nations, attached a reservation to the compulsory jurisdiction of the International Court of Justice, inter alia, on the following issues: (a) disputes relating to questions which fall essentially within its domestic jurisdiction; (b) all matters related to national economy and security of that nation. Further, a dispute (regarding spy diplomats) having been arisen between them, this nation (the one that had attached aforementioned reservation) suspended the treaty which wasn't accepted by the other nation. The other nation went to the ICJ for the resolution of that dispute. Does the ICJ have jurisdiction in this case? Why?
Answers (1)

Answer #1
675 votes
These are complex issues. Hypothetical answers may not suffice. Even though the parties may have agreed to exempt out certain areas of jurisdiction, yet the ICJ may have jurisdiction under several other concurrent or parallel provisions under international conventions.

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