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D2016
D2016
The Court realises to the full the importance of the rule laying down that only disputes which cannot be
settled by negotiation should be brought before it. It recognises, in fact, that before a dispute can be made
the subject of an action at law, its subject matter should have been clearly defined by means of diplomatic
negotiations. Nevertheless, in applying this rule, the Court cannot disregard, amongst other
considerations, the views of the States concerned, who are in the best position to judge as to political
reasons which may prevent the settlement of a given dispute by diplomatic negotiation. When
negotiations between the private person and the authorities have already -as in the present case -defined
all the points at issue between the two Governments, it would be incompatible with the flexibility which
should characterise international relations to require the two Governments to reopen a discussion which
has in fact already taken place and on which they rely.
Although Protocol XII of the Treaty of Lausanne of 1923 which formed the Peace Treaty with Turkey, contained
provisions expressly relating to the recognition of concessions in Palestine but without recognizing the Courts
jurisdiction in cases of dispute, it complemented the mandate and did not render inoperative its jurisdictional
clauses.
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D2016
DISPOSITION: On a 7-5 vote, Court held that it had jurisdiction in the Jerusalem concessions, but not in the Jaffa
concessions.