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The United States Should Accept, by a New Declaration, the General Compulsory Jurisdiction of the World Court

Published online by Cambridge University Press:  27 February 2017

Anthony D’Amato
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Type
Editorial Comments
Information
American Journal of International Law , Volume 80 , Issue 2 , April 1986 , pp. 331 - 336
Copyright
Copyright © American Society of International Law 1986

References

1 Dep’t of State daily news briefing, DPC No. 178, Oct. 7, 1985, at 2, reprinted in part in 80 AJIL 164, 165 (1986) (issued concurrently with the text of the note of Secretary of State Shultz delivered to the Secretary-General of the United Nations on Oct. 7, 1985).

2 Id. at 1, 80 AJIL at 164.

3 Franck Be Lehrman, Messianism and Chauvinism in America’s Commitment to Peace through Law (to be published by the Senate Comm. on Foreign Relations).

4 Dep’t of State, supra note 1, at 2, 80 AJIL at 164.

5 Letter of Sofaer, Abraham D., Legal Adviser, Department of State, to Professor Anthony D’Amato (Dec. 3, 1985)Google Scholar.

6 Military and Paramilitary Activities in and against Nicaragua (Nicar. v. U.S.), Jurisdiction and Admissibility, 1984 ICJ Rep. 392 (Judgment of Nov. 26).

7 Excepted are “disputes with regard to matters which are essentially within the domestic jurisdiction of the United States of America as determined by the United States of America.” U.S. Declaration of Aug. 14,1946,61 Stat. 1218(1947), reprinted in Multilateral Treaties Deposited with the Secretary-General: Status as at 31 December 1982, at 23–24, UN Doc. ST/LEG/SER.E/2 (1983) [hereinafter cited as Multilateral Treaties].

8 Case concerning the Aerial Incident of 27 July 1955 (U.S. v. Bulgaria), 1960 ICJ Rep. 146 (Order of May 30). See Gross, , Bulgaria Invokes the Connally Amendment, 56 AJIL 357 (1962)CrossRefGoogle Scholar.

9 Excepted are “disputes arising under a multilateral treaty, unless (1) all parties to the treaty affected by the decision are also parties to the case before the Court, or (2) the United States of America specially agrees to jurisdiction.” Multilateral Treaties, supra note 7, at 24.

10 Excepted are “disputes in respect of which any other Party to the dispute has accepted the compulsory jurisdiction of the International Court of Justice only in relation to or for the purposes of the dispute, or where the acceptance of the Court’s compulsory jurisdiction on behalf of any other Party to the dispute was deposited or ratified less than twelve months prior to the filing of the application bringing the dispute before the Court.” Declaration of the United Kingdom of Great Britain and Northern Ireland, Jan. 1, 1969, id. at 23.