| 释义 |
optional clause
An arrangement under which nations may give voluntary consent to the jurisdiction of the International Court of Justice prior to a dispute taking place with another member state. Such consent can be given by the state depositing a declaration that it accepts the compulsory jurisdiction of the court under Article 36(2) of the Statute of the United Nations until such time as notice may be given to withdraw that declaration. The original hope was that in the spirit of good international relations all, or the majority, of states would grant their consent. This hope applied particularly to the permanent members of the Security Council, whose principal function is to maintain international law and order. At present only 65 states have deposited a declaration under Article 36(2); the only permanent member of the Security Council to have done so is the UK, and its consent is subject to a reservation. France withdrew its consent following the Nuclear Test Case [1974] ICJ Rep 253 concerning French nuclear testing in the Pacific. The USA withdrew its declaration under the optional clause so as to attempt to deprive the Court of jurisdiction in the Nicaragua Case [1984] ICJ Rep 392, in which it was the defendant. In the Jadhav Case (India v Pakistan) (Merits), 17 July 2019, the International Court of Justice delivered a ruling on the interpretation and application of Article 36 of the Vienna Convention on Consular Relations of 1963 and its Optional Protocol on the compulsory settlement of disputes. The Court unanimously found it had jurisdiction to entertain an application filed by the Republic of India against the Islamic Republic of Pakistan pursuant to Article I of the Optional Protocol. |