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Question
Philippines and Arcadia sign a bilateral treaty on maritime patrols and fisheries cooperation that includes a compromissory clause submitting disputes to the International Court of Justice. A dispute arises over the treaty’s interpretation. Arcadia objects, claiming that the treaty was not validly concluded under its domestic law, and therefore there is no valid consent to ICJ jurisdiction. (a) State the central doctrine governing when the ICJ may hear a dispute based on a treaty compromissory clause and consent to jurisdiction. (b) Explain whether lack of domestic ratification affects the ICJ’s jurisdiction in this context, and why. (c) If the ICJ accepts jurisdiction, describe the binding effect and purpose of provisional measures under the ICJ framework and how they relate to the merits.