Rosenne's Law and Practice of the International Court: 1920-2015

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‘Accepting the Same Obligation’
(529 words)

paragraph 194 in volume 2, chapter 12, The Compulsory Jurisdiction (Optional Clause)

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The Right of Passage (Preliminary Objections) case gave the Court the opportunity to interpret this phrase, which itself relates to the initial expression ‘recognize as compulsory … the jurisdiction’. The Court said:

It is not necessary that the “same obligation” should be irrevocably defined at the time of the deposit of the Declaration of Acceptance for the entire period of its duration. That expression means no more than that, as betwe…

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Malcolm N. Shaw, “‘Accepting the Same Obligation’”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 26 March 2023 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0194>
First published online: 2017
First print edition: 20161001



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