Declarations Recognizing the Jurisdiction of the Court as Compulsory
The States parties to the Statute of the Court may "at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, the jurisdiction of the Court" (Art 36, para. 2 of the Statute).
Each State which has recognized the compulsory jurisdiction of the Court has in principle the right to bring any one or more other State which has accepted the same obligation before the Court by filing an application instituting proceedings with the Court, and, conversely, it has undertaken to appear before the Court should proceedings be instituted against it by one or more such other States.
The Declarations Recognizing as Compulsory the Jurisdiction of the Court take the form of a unilateral act of the State concerned and are deposited with the Secretary-General of the United Nations.
The texts of declarations under Article 36, paragraph 2, of the Statute, which, based on the information provided by the depository, had not expired by effluxion of time, or whose withdrawal or replacement had not been notified by 7 December 2016 will be found below. The fact that a declaration is or is not included in this section, is without prejudice to its possible application by the Court in a particular case.
In view of the provisions of Article 36, paragraph 5, of the Statute of the International Court of Justice, the present section also contains the texts of declarations made under the Statute of the Permanent Court of International Justice which have not lapsed or been withdrawn. There are now six such declarations.
The declarations, deposited by a total of 72 States, are given here in English. Where this is not the original language of the declaration, the translations used, except where otherwise indicated, are by the Secretariat of the United Nations or of the League of Nations.
The following declaration have been filed with the Secretary-General of the United Nations (the date shown after the name of the State is that on which the declaration was deposited) :
25 September 1996
[Translation from the Spanish]
Whereas the Republic of Paraguay signed the Charter of the United Nations on 26 June 1945 in San Francisco and ratified it on 12 October of that year,
Having seen and examined the text of the Statute of the International Court of Justice, principal judicial organ of the United Nations, whose Article 36, paragraph 2, stipulates that States parties to the Statute may declare at any time and without special agreement that they recognize as compulsory the jurisdiction of the Court,
And whereas the National Congress agreed to recognize this by means of Act No. 913 of 7 August 1996,
I hereby accept on behalf of the Government of Paraguay the compulsory jurisdiction of the International Court of Justice, with headquarters at The Hague, reciprocally in relation to other States accepting the same obligation in respect of all disputes as provided for in Article 36, paragraph 2, of the Statute of the Court. The present declaration shall apply only to disputes arising subsequent to the date of this declaration.
In witness whereof I hereby sign this declaration, which is sealed with the national Seal and countersigned by the Minister for Foreign Affairs, Ruben Melgarejo Lanzoni, in the city of Asuncion, capital of the Republic of Paraguay, on 17 September 1996.
(Signed) Juan Carlos WASMOSY,
(Signed) Ruben MELGAREJO LANZONI,
Minister for Foreign Affairs.
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