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Rethinking Compulsory Jurisdiction: The Case for U.S. Reentry into the ICJ's Optional Clause System

Published online by Cambridge University Press:  28 March 2018

Brian McGarry
Brian McGarry*
Affiliation:
Geneva LL.M. in International Dispute Settlement, a joint program of the University of Geneva Law School and the Graduate Institute of International and Development Studies.
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Extract

During his presentation, Mr. McGarry critiqued the common wisdom that the United States is not well served by acceding to compulsory jurisdiction systems and proposed his draft text for a declaration accepting the World Court's compulsory jurisdiction with reservations and conditions that advance American interests.

Type
New Voices: Jurisdictional Issues in International Law
Information
Proceedings of the ASIL Annual Meeting , Volume 111 , 2017 , pp. 313 - 316
Copyright
Copyright © by The American Society of International Law 2018 

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Footnotes

*

Judge Simma and Mr. Ghappour did not submit remarks for the Proceedings.

This panel was convened at 9:00 a.m., Saturday, April 15, 2017, by its moderator, Judge Bruno Simma of the Iran-U.S. Claims Tribunal, who introduced the panelists: Brian McGarry of the Graduate Institute of International and Development Studies; Ben Love of Freshfields Bruckhaus Deringer LLP; Maggie Gardner of Cornell Law School; and Ahmed Ghappour of University of California, Hastings College of Law.*

References

1 Simma, Bruno, How Has Article 36(2) of the ICJ Statute Fared?, in A Wiser Century?: Judicial Dispute Settlement, Disarmament and the Laws of War 100 Years after the Second Hague Peace Conference 456 (Giegerich, Thomas ed., 2009)Google Scholar.

2 See Mobil Corp. and Others v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/07/27, Decision on Jurisdiction, paras. 84, 170 (June 10, 2010).

3 United Press International, Times Call for Liberal Action, Says Kennedy, Lodi News-Sentinel, May 13, 1961.