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​KembaraXtra – Legal Terms – Optional Clause


The optional clause is a system under Article 36(2) of the Statute of the International Court of Justice by which states voluntarily accept the compulsory jurisdiction of the Court.


States that deposit declarations under the clause agree that the Court may resolve future legal disputes involving them and other participating states.


The arrangement was intended to encourage peaceful settlement of international disputes through judicial means.


Only a limited number of states have accepted the clause, and some states have attached reservations limiting its effect.


Notable examples include the withdrawal of France after the Nuclear Test Case and the withdrawal of the United States during proceedings in the Nicaragua Case.
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