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Declaration of Australia on March 22, 2002

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The logic of international grouping and the willingness of states emerging from conflict other than through the use of force, create the need to rely on bodies that are capable of arbitrating disputes. The International Court of Justice succeeded the Permanent Court of International Justice in The Hague and is the "mediator" in the event of a disagreement between two states. States may choose to defer to that jurisdiction. We will look into a case that leads us to reflect on the content of a statement from Australia, published on March 22, 2002.

The ICJ is an institution established by the UN Charter. On November 1, 1945, Australia ratified the Statute of the ICJ on June 26, 1945. Furthermore, states have the opportunity to communicate their intentions through its statements. On March 13, 1975, after the ratification, the government of Australia decided to file a statement mentioning its intention to apply Article 36 paragraph 2 of the Statute of the ICJ and rely on the ICJ whenever there is a dispute with another State.

By this statement, the State intended to return to Australia in 1975. Australia decided to remove the old statement and replaced it by new provisions. Australia supported the use of Article 36, paragraph 2 of the Statute of the ICJ and relied on it in all cases where it was experiencing a conflict of interest with a State which has accepted the same provisions. The significance of this statement lies in the fact that Australia places restrictions on three points.

Tags: declaration of Australia, international grouping of states

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