Ipso Facto and without Special Agreement’
(1,301 words)

paragraph 192 in volume 2, chapter 12, The Compulsory Jurisdiction (Optional Clause)

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This phrase (de plein droit et sans convention spéciale) was examined for the first time by the present Court in the Right of Passage (Preliminary Objections) case. The Court explained that when a State deposits a declaration with the Secretary-General of the United Nations in accordance with Article 36, paragraph 4, of the Statute (see § II.198 below), that State becomes a party to the ‘system of the Optional Clause’ in relation to the other States making decla…

Cite this page
Malcolm N. Shaw, “‘Ipso Facto and without Special Agreement’”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 17 February 2019 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0192>
First published online: 2017
First print edition: 20161001

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