Rezerve uz izjave o prihvatanju obavezne nadležnosti medjunarodnog suda pravde u sporu SR Jugoslavije protiv država članica NATO
Reservations Pertaining To The Statements On The Acceptance Of Compulsory Competence Of The International Court Of Justice...
Subject(s): Politics / Political Sciences
Published by: Универзитет у Нишу
Keywords: International Court of Justice; compulsory competence; optional clause; reservations; temporary injunctions.
Summary/Abstract: Having previously and under certain reservations delivered a statement on joining the optional clause from paragraph 2 of Article 32 of the Statute of the International Court of Justice, the Federal Republic of Yugoslavia, on 29 April, 1999, applied for the institution of proceedings and imposition of temporary injunctions against six member states of NATO, which had also accepted this clause. However, the Court has rejected the request for temporary injunctions finding out that it had no prima facie competence. When the states bound under an optional clause are in question, the Court has cited in favour of that clause the reservation ratione temporis as well contained in the Yugoslav statement on accepting a compulsory competence. Such determination of the main court organ of the United Nations has served the author as a cause to analyse compulsory competence of the International Court of Justice, permissibility and legal nature of the reservations, interpretation of rules as well as concrete reservations contained in the statements of Yugoslavia and the six member states of NATO on the acceptance of the compulsory competence of the Court
- Issue Year: 1/2000
- Issue No: 4
- Page Range: 509-523
- Page Count: 15
- Language: English