|III.||The International Court of Justice|
|3.||THE PROCEDURE OF THE INTERNATIONAL COURT OF JUSTICE|
(Spain v. Canada)
Jurisdiction of the Court
Judgment of 4 December 1998
I.C.J.Reports 1998, p. 432
[p. 467] 85. In this Judgment, the Court has had to interpret the words of the Canadian reservation in order to determine whether or not the acts of Canada, of which Spain complains, fall within the terms of that reservation, and hence whether or not it has jurisdiction. For this purpose the Court has not had to scrutinize or prejudge the legality of the acts referred to in paragraph 2 (d) of Canada's declaration.
Because the lawfulness of the acts which the reservation to the Canadian declaration seeks to exclude from the jurisdiction of the Court has no relevance for the interpretation of the terms of that reservation, the Court has no reason to apply Article 79, paragraph 7, of its Rules in order to declare that Canada's objection to the jurisdiction of the Court does not possess, in the circumstances of the case, an exclusively preliminary character.