III. | The International Court of Justice |
2. | THE JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE |
2.3. | The Optional Clause |
2.3.1. | General Questions |
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Military and Paramilitary Activities
(Nicaragua/United States of America)
Merits. J. 27.6.1986
I.C.J. Reports 1986, p. 14
[p. 142] In general, jurisdiction to determine the merits of a
dispute entails jurisdiction to determine reparation. More specifically, the
Court notes that in its declaration of acceptance of jurisdiction under the
Optional Clause of 26 August 1946, the United States expressly accepted the
Court's jurisdiction in respect of disputes concerning "the nature or
extent of the reparation to be made for the breach of an international
obligation". The corresponding declaration by which Nicaragua accepted the
Court's jurisdiction contains no restriction of the powers of the Court under
Article 36, paragraph 2 d of its Statute; Nicaragua has thus accepted the "same
obligation".