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All Jurisprudence based

0 tracked cards Political and Public International Law

Philippines and Venturia sign a bilateral treaty on shared river basin management that includes a compromissory clause submitting disputes to the International Court of Justice. A dispute arises over the treaty's interpretation. Venturia objects that the treaty was not validly concluded under its domestic law and therefore there is no valid consent to ICJ jurisdiction. Which statement best captures the central doctrine on ICJ jurisdiction and provisional measures in this context?

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Provisional measures may be issued by the ICJ even when jurisdiction is contested, and their purpose is to determine the merits of the case. Once provisional measures are granted, they cancel any later challenges to jurisdiction because they control the course of the proceedings. The treaty's compromissory clause automatically gives the ICJ jurisdiction over any disputes arising under the treaty, regardless of whether the dispute relates to interpretation or enforcement. Consent to ICJ jurisdiction in a treaty-based compromissory clause arises from valid international consent, typically when the treaty is in force and the state has expressed its assent; internal or domestic ratification issues do not automatically invalidate that consent; provisional measures ordered by the Court are binding and intended to preserve rights pending the merits.

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