COMMITTEE ON FOREIGN RELATIONS. UNITED STATES SENATE SEVENTY-NINTH CONGRESS SECOND SESSION ON S. Res. 196 A RESOLUTION PROPOSING ACCEPTANCE OF NATIONAL COURT OF JUSTICE BY C0095 JULY 11, 12, AND 15, 1946 Printed for the use of the Committee on Foreign Relations UNITED STATES WASHINGTON: 1946 COMPULSORY JURISDICTION, INTERNATIONAL COURT OF JUSTICE THURSDAY, JULY 11, 1946 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON FOREIGN RELATIONS, Washington, D. C. The subcommittee met, pursuant to call, at 10 a. m., in the committee room, the Capitol, Senator Elbert D. Thomas, of Utah (chairman of the subcommittee), presiding. Members of subcommittee: Senators Thomas of Utah (chairman), Hatch, and Austin. Present: Senators Thomas of Utah (chairman) and Austin. (The subcommittee met to consider S. Res. 196, which is as follows:) [S. Res. 196, 79th Cong., 1st sess.] RESOLUTION Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the deposit by the President of the United States with the Secretary General of the United Nations, whenever that official shall have been installed in office, of a declaration under paragraph 2 of article 36 of the Statute of the International Court of Justice recognizing as compulsory ipso facto and without special agreement. in relation to any other state accepting the same obligation, the jurisdiction of the International Court of Justice in all legal disputes hereafter arising concerning a. the interpretation of a treaty; b. any question of international law; c. the existence of any fact which, if established, would constitute a breach of an international obligation; d. the nature or extent of the reparation to be made for the breach of an international obligation. Provided, That such declaration should not apply to— a. disputes the solution of which the parties shall entrust to other tribunals by virtue of agreements already in existence or which may be concluded in the future; or b. disputes with regard to matters which are essentially within the domestic jurisdiction of the United States. Provided further, That such declaration should remain in force for a period of five years and thereafter until the expiration of six months after notice may be given to terminate the declaration. (Pertinent parts of the United Nations Charter are as follows:) CHAPTER XIV. THE INTERNATIONAL COURT OF JUSTICE ARTICLE 92 The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute, which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter. 1 |