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The Connally Reservation (Self-judging Reservation) to Declaration of Acceptance of the Compulsory Jurisdiction of the ICJ under Art. 36(2) of the Statute

Publikace na Právnická fakulta |
2021

Tento text není v aktuálním jazyce dostupný. Zobrazuje se verze "en".Abstrakt

Under Article 36(2) of the Statute of the International Court of Justice, states may accept jurisdiction of the Court by the form of unilateral declaration. They are also allowed to exclude certain topics from the acceptance of the Court's jurisdiction.

Practice of these reservations to the jurisdiction of the ICJ included also so-called Connally reservations that exclude "matters within domestic jurisdiction of the declarant state, as the State considers them". The self-judging part of such reservation has been source of controversy and several states withdrew it.

Four states however maintain to use it and this article is dedicated to presenting and discussing opinions as to the validity and effects of them.