Scenario question Essay Example | Topics and Well Written Essays - 5000 words

Scenario question - Essay Example Related jurisprudence shall be discussed and analyzed; explications will be given to the end that the instant controversy would have a viable solution for the benefit of both parties and to the members of the global community as a whole. However, before delving into the merits of the case, it is equally essential to determine a fortiori, the competence of the ICJ to take cognizance of the dispute, for the Court can only exercise its adjudicative powers if indeed it has jurisdiction over the parties and over the subject matter. When the court is devoid of jurisdiction, it follows as a matter of law that it has no competence to decide on any controversy brought before it. Hence, any discussion shall firstly focus on the question of jurisdiction. It is well to emphasize that the jurisdiction of the ICJ can only be invoked if the state-parties submit to its jurisdiction or when they have presented their Declaration of Acceptance to the jurisdiction of the Court through the Optional Clause of the Statute of the ICJ.1 That being stated, the assessment of the dispute is in order. State A is a coastal State. That State established a 12-mile territorial sea by national legislation. On 3 October 1990, a commercial vessel flying the flag of State B struck mines in the territorial sea of State A. The explosions caused damage to the vessels and loss of life. Holding that to be the responsibility of State A, the Government of State B commenced negotiations with State A but in vain. Thus, on 25 June 1991, State B submitted the dispute to the International Court of Justice (ICJ) based solely on Article 36 (2) of the Statute of the International Court of Justice. Thereupon the Government of B asked the ICJ to adjudicate to the effect that the Government of State A was internationally responsible for the consequences of the incident and it must make reparation or pay compensation. States A and B are both Parties to the Charter of the United Nations. State A accepted the optional clause of the Statute of the ICJ in 1986 (emphasis supplied). The Declaration of State A reads: 'I declare on behalf of the Government that State A recognizes as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, that is to say, on condition of reciprocity, the jurisdiction of the International Court of Justice in conformity with Article 36, paragraph 2, of the Statute of the Court, for a period of ten years from the date of the deposit of the instrument of ratification.' State B also accepted the optional clause of the Statute of the ICJ in 1987 (emphasis supplied). The Declaration of State B reads: 'I declare on behalf of the Government that I recognize as compulsory ipso facto and without special agreement, in relation to any other State accepting the same obligation, that is on condition of reciprocity, the Jurisdiction of the International Court of Justice, in conformity with Article 36, paragraph 2, of the Statute of the said Court, for all disputes which may arise in respect of facts or situations subsequent to the ratification of the present declaration, with the exception of those with regard to which the parties may have