III. | The International Court of Justice |
3. | THE PROCEDURE OF THE INTERNATIONAL COURT OF JUSTICE |
3.10. | Provisional Measures |
3.10.3. | Provisional Measures and Jurisdiction |
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Passage through the Great Belt
(Finland / Denmark),
Provisional Measures,
Order of 29 July 1991,
I.C.J. Reports 1991, p. 12
[pp. 15-16] 13. Whereas the Republic of Finland claims to found the
jurisdiction of the Court to entertain the present case primarily upon
declarations made by the Parties accepting the compulsory jurisdiction of the
Court under Article 36, paragraph 2, of the Statute of the Court; and whereas
such declarations were deposited with the Secretary-General of the United
Nations, by the Kingdom of Denmark on 10 December 1956, without reservations, and by the Republic of Finland on 25 June 1958, incorporating a reservation not material to the present case;
14. Whereas on a request for provisional measures the Court need not, before
deciding whether or not to indicate them, finally satisfy itself that it has
jurisdiction on the merits of the case, yet it ought not to indicate such
measures unless the provisions invoked by the Applicant appear, prima facie, to
afford a basis on which the jurisdiction of the Court might be founded; whereas
in the present case it has been stated by Denmark that the Court's jurisdiction
on the merits is not in dispute;
15. Whereas the Court in the circumstances of the present case is satisfied
that it has the power to indicate provisional measures;