Case Concerning the Aerial Incident of July 27, 1955 (Israel v. Bulgaria). (Preliminary Objections.)

Abstract

Treaties — Operation of

Duration of obligations — Article 36 (5) of Statute of International Court of Justice — “Declarations which are still in force” — Meaning of — Whether lapse of time is sole test — Effect of dissolution of Permanent Court of International Justice — Whether an extraneous event not affecting continued existence of obligation — Suspended operation of obligations — Lapse of obligation vis-à-vis Permanent Court but not vis-à-vis International Court — Revival of obligation through operation of Article 36 (5) — Relevance of length of period of suspension — Test of reasonableness — Factual circumstances to be considered — Transitional nature of Article 36 (5)

Revival of suspended or extinct obligations — Effect of acceptance of Article 36 (5) of Statute of International Court of Justice on declarations made under Optional Clause of Statute of Permanent Court of International Justice.

Treaties — Effect of treaties on third parties — Statute of International Court of Justice, Article 36 (5) — Whether effective to preserve declarations of acceptance of Optional Clause made under Statute of Permanent Court of International Justice by States not parties to the Statute of the International Court of Justice.

Treaties — Termination of — By act of party — Mutual consent — Whether obligations assumed in connection with treaty remain “in force” after termination of treaty — Declaration made under Optional Clause of Statute of Permanent Court of International Justice.

Treaties — Interpretation of — Principles and rules of

Interpretation in accordance with established principles of international law — Exception clauses — Restrictive interpretation of — Derogation from general law — Provision creating a legal fiction.

Literal interpretation — Distinction between original signatories and States becoming parties subsequently — Whether relevant — Relevance of state of knowledge of parties — Interpretation of provision in its context — Relevance of purpose of provision — Comparison of texts in two languages — Translation as contemporanea expositio — Reasonableness — Good faith.

Words and phrases — Meaning of words “declarations ... still in force” — Article 36 (5) of Statute of International Court of Justice — Whether “in force” refers exclusively to absence of termination by lapse of time — Whether declaration under Optional Clause of Statute of Permanent Court of International Justice ceased to be “in force” on dissolution of that Court.

Treaties — Interpretation of — Bilingual treaties — Translation from English into French as evidence of meaning of text.

Treaties — Interpretation of — Preparatory work — Statute of International Court of Justice — Reference to records of San Francisco Conference.

International organization — In general — Succession of organizations — Extent to which International Court of Justice is successor of Permanent Court of International Justice — Principle of automatic succession.

International Court of Justice — Contentious jurisdiction — The law applicable — Arguments not raised by Parties — Principle of jura novit curia.

Disputes — International Court of Justice — Contentious jurisdiction — Competence — Optional clause — Declarations made under Statute of Permanent Court of International Justice — Effect of Article 36, paragraph 5, of Statute of International Court of Justice — Whether declarations by States not becoming members of United Nations before dissolution of Permanent Court still “in force” after such dissolution — The International Court as successor to the Permanent Court.