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Published online by Cambridge University Press: 01 January 2021
International Court of Justice Disputes — Nature of dispute — Definition — Different views of dispute — When dispute sufficiently defined for adjudication — Agreement to submit whole dispute to International Court of Justice — Whether unilateral application by one Party placed whole dispute before the Court
International Court of Justice — Jurisdiction — Requirement of consent — Agreement between Parties to submit whole dispute to Court — Relationship between jurisdiction and seisin — Method of seisin — Whether agreement envisaged seisin by unilateral application — 1987 and 1990 agreements between Bahrain and Qatar — Whether sufficient to provide basis for the jurisdiction of the Court — Whether consent to jurisdiction conditional upon conclusion of a special agreement — Invitation by Court to Parties to submit whole dispute to the Court by joint or separate acts — Submission by one Party acting alone — Whether sufficient — Admissibility
International Court of Justice — Procedure — Method of seisin — Unilateral application — Procedural consequences — Invitation by Court to Parties to submit whole dispute to it by joint or separate acts — Whether Court envisaging coordinated acts by both Parties — Unilateral act by one Party — Time-limits for filing of Memorials
Treaties — Definition — Essential nature of a treaty — Form of agreement irrelevant — Treaty contained in several separate instruments — Minutes of a meeting — Whether capable of amounting to a treaty — Intention of the parties — Foreign Minister not authorized to sign binding agreement and not intending to do so — Whether preventing minutes from constituting a treaty — Vienna Convention on the Law of Treaties, 1969, Article 2(l)(a)
Treaties — Interpretation — Principles of interpretation — Common intention of the parties as revealed in the text — Recourse to supplementary means of interpretation — Travaux préparatoires — Recourse to negotiating history to confirm interpretation of text — Effect of conflict between interpretation reached by study of text and negotiating history
