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Consent to the jurisdiction of the ICJ in contentious proceedings with a focus on the so-called automatic reservations
Hátlová, Sára Mirabell ; Lipovský, Milan (advisor) ; Balaš, Vladimír (referee)
The chapters of the presented diploma thesis "Consent to the jurisdiction of the ICJ in contentious proceedings with a focus on the so-called automatic reservations" factually divide into a general and a special part. The general part introduces and defines all ways by which a state in contentious proceedings may consent to the jurisdiction of the ICJ. This part of the thesis explains the advantages as well as the disadvantages of each of these means, with the main focus on the optional clause declarations, as these constitute the basis for the following, specific, part of the thesis. Article 36(2) of the ICJ Statute, the legal basis for optional clause declarations, is analysed in this part for the purpose of defining the features of the optional clause declarations. Of all the specifics and characteristics of this way of establishing the jurisdiction of the ICJ, further attention is given to the reservations that states may condition their declarations with. The thesis not only analyses in detail Article 36, paragraph 3, of the ICJ Statute, but it also presents the most frequently used reservations and it examines the ICJ jurisprudence on the subject. This material is covered in the first three chapters and serves as a context for the next part of the thesis, which focuses only on automatic...
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