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III. | The International Court of Justice |
2. | THE JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE |
2.3. | The Optional Clause |
2.3.3. | Reservations |
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Applicability of Article VI, Section 22,
of the Convention on the Privileges and
Immunities of the United Nations,
Advisory Opinion of 15 December 1989
I.C.J. Reports 1989, p. 177
"a request shall be made for an advisory opinion on any legal question
involved in accordance with Article 96 of the Charter and Article 65 of the
Statute of the Court. The opinion given by the Court shall be accepted as
decisive by the parties."
This provision pursues the same intent as expressed in the first sentence of
Section 30; the particular nature of the proceeding contemplated is attributable
to the status as an international organization of one of the parties to the
difference.
"If it were accepted that a State party to the Convention, or the
United Nations, might ask for disputes concerning the application or
interpretation of the Convention to be brought before the Court on a basis other
than the provisions of Section 30 of the Convention, that would disrupt the
unity of the Convention, by separating the substantive provisions from those
relating to dispute settlement, which would be tantamount to a modification of
the content and extent of the obligations entered into by States when they
consented to be bound by the Convention."
However, the nature and purpose of the present proceedings are, as explained above, that of a request for advice on the applicability of a part of the General Convention, and not the bringing of a dispute before the Court for determination. Furthermore, the "content and extent of the obligations entered into by States" - and, in particular, by Romania - "when they consented to be bound by the Convention" are not modified by the request and by the present advisory opinion.
1 | Section 30 of the General Convention provides: "All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties." |