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Question
Republic of the Philippines and Kingdom of Solara sign the Transit and Energy Corridors Treaty (TECT). Clause: “Disputes arising under this Treaty shall be submitted to the International Court of Justice.” The Philippines and Solara are both parties to TECT, and neither state has made a declaration accepting the ICJ’s compulsory jurisdiction under Article 36(2) of the ICJ Statute. A dispute arises over cross-border transit tariffs and liability for damage to a jointly operated transit facility. Solara files a case in the ICJ against the Philippines. (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.