РЕЗЕРВИ В ДЕКЛАРАЦИИТЕ ЗА ПРИЗНАВАНЕ НА ЗАДЪЛЖИТЕЛНАТА ЮРИСДИКЦИЯ НА МЕЖДУНАРОДНИЯ СЪД НА ООН

Abstract

There are two types of jurisdiction of the International Court of Justice: contractual and compulsory. The latter is provided for under Art. 36 (2) of the Statute of the Court. The main characteristic feature of the compulsory jurisdiction is that its recognition is conducted by way of a unilateral act – a declaration. However, in this declaration the State can stipulate that it does exclude from the compulsory jurisdiction of the Court some of its disputes with other States. The provisions in the declaration whereby the State declares exclusion of the respective disputes are called reservations. These are three categories of reservations. The first one is reservations related to the subject matter of the dispute (ratione materiae), the second is reservations related to the parties to the dispute (ratione personae), and the third one is reservations with regard to time (ratione temporis).