Reciprocity: Statute, Article 36 (3)
(2,823 words)

paragraph 199 in volume 2, chapter 12, The Compulsory Jurisdiction (Optional Clause)

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The place of reciprocity in the system of the compulsory jurisdiction became obscured during the period of the Permanent Court owing to confusion in State practice, in pronouncements of that Court and in the literature. Early on States began including in their acceptances of the compulsory jurisdiction a specific reference to a condition of reciprocity, using different formulations.1 The Permanent Court did not clarify the basis on which reciprocity was required.…

Cite this page
Malcolm N. Shaw, “Reciprocity: Statute, Article 36 (3)”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 16 January 2019 <>
First published online: 2017
First print edition: 20161001

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