The War Exclusion Clause
(1,780 words)

paragraph 208 in volume 2, chapter 12, The Compulsory Jurisdiction (Optional Clause)

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Some declarations accepting the compulsory jurisdiction contain a war exclusion clause.1 It has taken several forms. That is a development which commenced after the First World War. Previously, in the absence of a permanent pre constituted international tribunal, there was no need to exclude disputes arising out of belligerent acts from an obligation of peaceful settlement of disputes by legal means. This exclusion w…

Cite this page
Malcolm N. Shaw, “The War Exclusion Clause”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 17 February 2019 <>
First published online: 2017
First print edition: 20161001

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