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United Nations Treaty Series/Volume 1/1/3

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No. 3


UNITED STATES OF AMERICA

Declaration recognizing as compulsory the jurisdiction of the Court, in conformity with Article 36, paragraph 2, of the Statute of the International Court of Justice. Washington, 14 August 1946
English official text communicated by the Acting United States Representatives to the United Nations. The registration ex officio by the Secretariat of the United Nations took place on 14 December 1946.

No. 3. DECLARATION[1] OF THE UNITED STATES OF AMERICA RECOGNIZING AS COMPULSORY THE JURISDICTION OF THE COURT, IN CONFORMITY WITH ARTICLE 36, PARAGRAPH 2, OF THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

I, Harry S Truman, President of the United States of America, declare on behalf of the United States of America, under Article 36, paragraph 2, of the Statute of the International Court of Justice, and in accordance with the Resolution of August 2, 1946, of the Senate of the United States of America (two-thirds of the Senators present concurring therein), that the United States of America recognizes 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 this declaration shall 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 of America as determined by the United States of America; or

c. Disputes arising under a multilateral treaty, unless (1) all parties to the treaty affected by the decision are also parties to the case before the Court, or (2) the United States of America specially agrees to jurisdiction; and

Provided further, that this declaration shall remain in force for a period of five years and thereafter until the expiration of six months after notice may be given to terminate this declaration.

Done at Washington this fourteenth day of August 1946.

(Signed) Harry S Truman

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  1. Received in the Secretariat on 18 August 1948.