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Question
Two States, the Republic of the Philippines (RP) and the Republic of Sylvania (RS), sign the Transboundary Groundwater Management Treaty (TGWMT). Clause: “Disputes arising under this Treaty shall be submitted to the International Court of Justice.” Both RP and RS are parties to TGWMT. RP has not made a declaration under Article 36(2) of the ICJ Statute. RS files a case in the ICJ against RP alleging breach of TGWMT relating to shared groundwater governance. (a) Identify the controlling doctrine governing the Court’s jurisdiction in this setting. (b) Distinguish this basis from compulsory jurisdiction under the ICJ Statute’s optional clause. (c) Apply the doctrine to the facts and determine whether the ICJ has jurisdiction over the dispute, noting any limits.