ЮРИСДИКЦИЯТА НА МЕЖДУНАРОДНИЯ СЪД НА ООН - ПРОЦЕСУАЛНА ПРЕДПОСТАВКА ЗА РАЗГЛЕЖДАНЕ НА ДЕЛО

Abstract

The jurisdiction of the UN International Court of Justice (ICJ) is its right and competence to resolve disputes between States. The jurisdiction of the Court may be of two types: contractual and compulsory. There are two ways to recognize contractual jurisdiction: by concluding a special agreement between the disputing states where the dispute has already arisen, and in advance and in general by concluding any treaty that contains a jurisdictional clause. Compulsory jurisdiction is recognized by way of a unilateral declaration. At the beginning of any case, the ICJ reviews its own jurisdiction since it can decide the case only if it has jurisdiction. This is why the jurisdiction is a prerequisite to the Court’s proceedings.