What is a Compromissory clause?

A clause in a treaty providing for the submission of a matter or matters to arbitration—to be distinguished from a general treaty of arbitration or a compromis d’arbitrage, which is From: compromissory clause in Encyclopaedic Dictionary of International Law »

What is a Compromissory clause ICJ?

The basic meaning of a compromissory clause seems to be generally agreed:7 by virtue of a treaty provision, parties accept that disputes between them covered by the treaty are to be settled, with binding force, by an independent body; this is what Art.

What is an optional clause?

noun. Law. 1A clause in a contract requiring one party to pay another, under which one of the parties may choose the time or form of payment (now historical). 2A clause in an international treaty that is not regarded as mandatory.

What is meant by compulsory jurisdiction?

Definition of compulsory jurisdiction 1 : a jurisdiction existing by force of law over a person. 2 : a mandatory jurisdiction that a state has agreed to accept in certain prescribed matters.

What does Forum Prorogatum mean?

Indeed, the concept of forum. prorogatum, which has its origins in Roman law, literally means “prorogated jurisdiction”: this is to say the extension of the jurisdiction of a court by agreement of the parties in a case which would otherwise be outside its jurisdiction.

What is compulsory jurisdiction of ICJ?

As of November 2021, 73 States have accepted the ICJ’s compulsory jurisdiction, meaning that any international legal dispute involving those States may be submitted to the Court, provided that all the States party to the dispute before the ICJ have accepted its compulsory jurisdiction.

What is optional clause in international law?

That provision, known as the “Optional Clause,” provides that the states parties to the ICJ Statute (currently all the 185 UN member states and Nauru and Switzerland) may at any time file with the UN Secretary-General declarations stating that they recognize as compulsory, without special agreement, in relation to any …

What is reciprocity in ICJ?

The principle of reciprocity is basic to the acceptance of the compulsory jurisdiction of the Court.

What is compulsory jurisdiction in international law?

What is prorogation of jurisdiction?

PROROGATED JURISDICTION, Scotch law. That jurisdiction, which, by the consent of the parties, is conferred upon a judge, who, without such consent, would be incompetent.