ICJ

Article 36

1. The jurisdiction of the Court comprises all cases which the parties refer to it
and all matters specially provided for in the Charter of the United Nations or in
treaties and conventions in force.

2. The states parties to the present Statute may at any time declare that they
recognize as compulsory ipso facto and without special agreement, in relation to
any other state accepting the same obligation, the jurisdiction of the Court in all
legal disputes 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.

3. The declarations referred to above may be made unconditionally or on

condition of reciprocity on the part of several or certain states, or for a certain
time.

4. Such declarations shall be deposited with the Secretary-General of the United

Nations, who shall transmit copies thereof to the parties to the Statute and to the
Registrar of the Court.
5. Declarations made under Article 36 of the Statute of the Permanent Court of
International Justice and which are still in force shall be deemed, as between the
parties to the present Statute, to be acceptances of the compulsory jurisdiction of
the International Court of Justice for the period which they still have to run and
in accordance with their terms.

6. In the event of a dispute as to whether the Court has jurisdiction, the matter
shall be settled by the decision of the Court.

CBD
Article 27. Settlement of Disputes
1. In the event of a dispute between Contracting Parties concerning the interpretation or application of
this Convention, the parties concerned shall seek solution by negotiation.

2. If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good
offices of, or request mediation by, a third party.

3. When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a
State or regional economic integration organization may declare in writing to the Depositary that for a
dispute not resolved in accordance with paragraph 1 or paragraph 2 above, it accepts one or both of
the following means of dispute settlement as compulsory:

(a) Arbitration in accordance with the procedure laid down in Part 1 of Annex II;

(b) Submission of the dispute to the International Court of Justice.

4. If the parties to the dispute have not, in accordance with paragaph 3 above, accepted the same or
any procedure, the dispute shall be submitted to conciliation in accordance with Part 2 of Annex II
unless the parties otherwise agree.

5. The provisions of this Article shall apply with respect to any protocol except as otherwise provided in
the protocol concerned.

United Nations Convention on the Law of the Sea

Article 287 Choice of procedure 1. When signing, ratifying or acceding to this Convention or at any
time thereafter, a State shall be free to choose, by means of a written declaration, one or more of the
following means for the settlement of disputes concerning the interpretation or application of this
Convention: (a) the International Tribunal for the Law of the Sea established in accordance with Annex
VI; (b) the International Court of Justice; (c) an arbitral tribunal constituted in accordance with Annex
VII; (d) a special arbitral tribunal constituted in accordance with Annex VIII for one or more of the
categories of disputes specified therein. 2. A declaration made under paragraph 1 shall not affect or
be affected by the obligation of a State Party to accept the jurisdiction of the Seabed Disputes
Chamber of the International Tribunal for the Law of the Sea to the extent and in the manner provided
for in Part XI, section 5. 3. A State Party, which is a party to a dispute not covered by a declaration in
force, shall be deemed to have accepted arbitration in accordance with Annex VII. 4. If the parties to
a dispute have accepted the same procedure for the settlement of the dispute, it may be submitted
only to that procedure, unless the parties otherwise agree. 5. If the parties to a dispute have not
accepted the same procedure for the settlement of the dispute, it may be submitted only to
arbitration in accordance with Annex VII, unless the parties otherwise agree. 6. A declaration made
under paragraph 1 shall remain in force until three months after notice of revocation has been
deposited with the Secretary-General of the United Nations. 7. A new declaration, a notice of
revocation or the expiry of a declaration does not in any way affect proceedings pending before a
court or tribunal having jurisdiction under this article, unless the parties otherwise agree. 8.
Declarations and notices referred to in this article shall be deposited with the Secretary-General of the
United Nations, who shall transmit copies thereof to the States Parties.

PARIS AGREEMENT

Article 24

The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis
mutandis to this Agreement.

Article 14 1. The Conference of the Parties serving as the meeting of the Parties to this Agreement
shall periodically take stock of the implementation of this Agreement to assess the collective
progress towards achieving the purpose of this Agreement and its long-term goals (referred to as the
"global stocktake"). It shall do so in a comprehensive and facilitative manner, considering mitigation,
adaptation and the -18 - means of implementation and support, and in the light of equity and the
best available science. 2. The Conference of the Parties serving as the meeting of the Parties to this
Agreement shall undertake its first global stocktake in 2023 and every five years thereafter unless
otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this
Agreement. 3. The outcome of the global stocktake shall inform Parties in updating and enhancing,
in a nationally determined manner, their actions and support in accordance with the relevant
provisions of this Agreement, as well as in enhancing international cooperation for climate action.

UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

ARTICLE 14 SETTLEMENT OF DISPUTES 1. In the event of a dispute between any two or more Parties
concerning the interpretation or application of the Convention, the Parties concerned shall seek a
settlement of the dispute through negotiation or any other peaceful means of their own choice. 2.
When ratifying, accepting, approving or acceding to the Convention, or at any time thereafter, a
Party which is not a regional economic integration organization may declare in a written instrument
submitted to the Depositary that, in respect of any dispute concerning the interpretation or
application of the Convention, it recognizes as compulsory ipso facto and without special agreement,
in relation to any Party accepting the same obligation: (a) Submission of the dispute to the
International Court of Justice, and/or (b) Arbitration in accordance with procedures to be adopted by
the Conference of the Parties as soon as practicable, in an annex on arbitration. A Party which is a
regional economic integration organization may make a declaration with like effect in relation to
arbitration in accordance with the procedures referred to in subparagraph (b) above. 3. A
declaration made under paragraph 2 above shall remain in force until it expires in accordance with
its terms or until three months after written notice of its revocation has been deposited with the
Depositary. 4. A new declaration, a notice of revocation or the expiry of a declaration shall not in any
way affect proceedings pending before the International Court of Justice or the arbitral tribunal,
unless the parties to the dispute otherwise agree. 26 5. Subject to the operation of paragraph 2
above, if after twelve months following notification by one Party to another that a dispute exists
between them, the Parties concerned have not been able to settle their dispute through the means
mentioned in paragraph 1 above, the dispute shall be submitted, at the request of any of the parties
to the dispute, to conciliation. 6. A conciliation commission shall be created upon the request of one
of the parties to the dispute. The commission shall be composed of an equal number of members
appointed by each party concerned and a chairman chosen jointly by the members appointed by
each party. The commission shall render a recommendatory award, which the parties shall consider
in good faith. 7. Additional procedures relating to conciliation shall be adopted by the Conference of
the Parties, as soon as practicable, in an annex on conciliation. 8. The provisions of this Article shall
apply to any related legal instrument which the Conference of the Parties may adopt, unless the
instrument provides otherwise.

The Convention on Biological Diversity

Article 1. Objectives
The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the
conservation of biological diversity, the sustainable use of its components and the fair and equitable
sharing of the benefits arising out of the utilization of genetic resources, including by appropriate
access to genetic resources and by appropriate transfer of relevant technologies, taking into account
all rights over those resources and to technologies, and by appropriate funding.

Article 3. Principle
States have, in accordance with the Charter of the United Nations and the principles of international
law, the sovereign right to exploit their own resources pursuant to their own environmental policies,
and the responsibility to ensure that activities within their jurisdiction or control do not cause damage
to the environment of other States or of areas beyond the limits of national jurisdiction.
Article 5. Cooperation
Each Contracting Party shall, as far as possible and as appropriate, cooperate with other Contracting
Parties, directly or, where appropriate, through competent international organizations, in respect of
areas beyond national jurisdiction and on other matters of mutual interest, for the conservation and
sustainable use of biological diversity.

Article 8. In-situ Conservation

Each Contracting Party shall, as far as possible and as appropriate:

(a) Establish a system of protected areas or areas where special measures need to be taken to
conserve biological diversity;

(b) Develop, where necessary, guidelines for the selection, establishment and management of
protected areas or areas where special measures need to be taken to conserve biological diversity;

(c) Regulate or manage biological resources important for the conservation of biological diversity
whether within or outside protected areas, with a view to ensuring their conservation and sustainable
use;

(d) Promote the protection of ecosystems, natural habitats and the maintenance of viable populations
of species in natural surroundings;

(e) Promote environmentally sound and sustainable development in areas adjacent to protected areas
with a view to furthering protection of these areas;

(f) Rehabilitate and restore degraded ecosystems and promote the recovery of threatened species,
inter alia, through the development and implementation of plans or other management strategies;

(g) Establish or maintain means to regulate, manage or control the risks associated with the use and
release of living modified organisms resulting from biotechnology which are likely to have adverse
environmental impacts that could affect the conservation and sustainable use of biological diversity,
taking also into account the risks to human health;

(h) Prevent the introduction of, control or eradicate those alien species which threaten ecosystems,
habitats or species;

(i) Endeavour to provide the conditions needed for compatibility between present uses and the
conservation of biological diversity and the sustainable use of its components;

(j) Subject to its national legislation, respect, preserve and maintain knowledge, innovations and
practices of indigenous and local communities embodying traditional lifestyles relevant for the
conservation and sustainable use of biological diversity and promote their wider application with the
approval and involvement of the holders of such knowledge, innovations and practices and encourage
the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and
practices;

(k) Develop or maintain necessary legislation and/or other regulatory provisions for the protection of
threatened species and populations;

(l) Where a significant adverse effect on biological diversity has been determined pursuant to Article
7, regulate or manage the relevant processes and categories of activities; and

(m) Cooperate in providing financial and other support for in-situ conservation outlined in
subparagraphs (a) to (l) above, particularly to developing countries.
Article 10. Sustainable Use of Components of
Biological Diversity
Each Contracting Party shall, as far as possible and as appropriate:

(a) Integrate consideration of the conservation and sustainable use of biological resources into
national decision-making;

(b) Adopt measures relating to the use of biological resources to avoid or minimize adverse impacts
on biological diversity;

(c) Protect and encourage customary use of biological resources in accordance with traditional
cultural practices that are compatible with conservation or sustainable use requirements;

(d) Support local populations to develop and implement remedial action in degraded areas where
biological diversity has been reduced; and

(e) Encourage cooperation between its governmental authorities and its private sector in developing
methods for sustainable use of biological resources.

COP 9 Decision IX/20

IX/20.Marine and coastal biodiversity
https://www.cbd.int/decision/cop/?id=11663

COP 10 Decision X/29

X/29.Marine and coastal biodiversity
https://www.cbd.int/decision/cop/?id=12295

CONVENTION ON MIGRATORY SPECIES

Resolution 11.27

https://www.cms.int/raptors/sites/default/files/document/mos2_inf14_cms_res_11_27_e.pdf

Convention on the Conservation of Migratory Species of Wild Animals

Article II
Fundamental Principles
1. The Parties acknowledge the importance of migratory species being conserved
and of Range States agreeing to take action to this end whenever possible and
appropriate, paying special attention to migratory species the conservation status
of which is unfavourable, and taking individually or in co-operation appropriate
and necessary steps to conserve such species and their habitat.
2. The Parties acknowledge the need to take action to avoid any migratory species
becoming endangered.
3. In particular, the Parties:
a) should promote, co-operate in and support research relating to migratory
species;
b) shall endeavour to provide immediate protection for migratory species included
in Appendix I; and
c) shall endeavour to conclude Agreements covering the conservation and
management of migratory species included in Appendix II.

Article IV
Migratory Species to be the Subject of AGREEMENTS: Appendix II
1. Appendix II shall list migratory species which have an unfavourable
conservation status and which require international agreements for their
conservation and management, as well as those which have a conservation status
which would significantly benefit from the international cooperation that could be
achieved by an international agreement.
2. If the circumstances so warrant, a migratory species may be listed both in
Appendix I and Appendix II.
3. Parties that are Range States of migratory species listed in Appendix II shall
endeavour to conclude AGREEMENTS where these should benefit the species and
should give priority to those species in an unfavourable conservation status.
4. Parties are encouraged to take action with a view to concluding agreements for
any population or any geographically separate part of the population of any
species or lower taxon of wild animals, members of which periodically cross one
or more national jurisdiction boundaries.
5. The Secretariat shall be provided with a copy of each AGREEMENT concluded
pursuant to the provisions of this Article.

Resolution 12.21

https://www.cms.int/sites/default/files/document/cms_cop12_res.12.21_climate-change_e.pdf

THE RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT (1992)

PRINCIPLE 2 States have, in accordance with the Charter of the United Nations and the principles of
international law, the sovereign right to exploit their own resources pursuant to their own
environmental and developmental policies, and the responsibility to ensure that activities within
their jurisdiction or control do not cause damage to the environment of other States or of areas
beyond the limits of national jurisdiction.
Article l

Responsibility of a State for its internationally wrongful acts Every internationally wrongful act of a
State entails the international responsibility of that State.

Article 2

Elements of an internationally wrongful act of a State There is an internationally wrongful act of a

State when conduct consisting of an action or omission: (a) is attributable to the State under
international law; and (b) constitutes a breach of an international obligation of the State.

Article 5

Conduct of persons or entities exercising elements of governmental authority The conduct of a

person or entity which is not an organ of the State under article 4 but which is empowered by the
law of that State to exercise elements of the governmental authority shall be considered an act of
the State under international law, provided the person or entity is acting in that capacity in the
particular instance.

Article 8

Conduct directed or controlled by a State The conduct of a person or group of persons shall be
considered an act of a State under international law if the person or group of persons is in fact acting
on the instructions of, or under the direction or control of, that State in carrying out the conduct

Article 11

Conduct acknowledged and adopted by a State as its own Conduct which is not attributable to a
State under the preceding articles shall nevertheless be considered an act of that State under
international law if and to the extent that the State acknowledges and adopts the conduct in
question as its own.

United Nations Convention on the Law of the Sea

Article87

Freedom of the high seas

1. The high seas are open to all States, whether coastal or land-locked. Freedom of
the high seas is exercised under the conditions laid down by this Convention and
by other rules of international law. It comprises, inter alia, both for coastal and
land-locked States:

(a) freedom of navigation;

(b) freedom of overflight;

(c) freedom to lay submarine cables and pipelines, subject to

Part VI;
 (d) freedom to construct artificial islands and other
installations permitted under international law, subject to
Part VI;

(e) freedom of fishing, subject to the conditions laid down in

section 2;

(f) freedom of scientific research, subject to Parts VI and XIII.

2. These freedoms shall be exercised by all States with due regard for the interests
of other States in their exercise of the freedom of the high seas, and also with due
regard for the rights under this Convention with respect to activities in the Area.

Article 117

Duty of States to adopt with respect to their nationals measures for the conservation of the living
resources of the high seas All States have the duty to take, or to cooperate with other States in
taking, such measures for their respective nationals as may be necessary for the conservation of the
living resources of the high seas.

Article 118

Cooperation of States in the conservation and management of living resources States shall
cooperate with each other in the conservation and management of living resources in the areas of
the high seas. States whose nationals exploit identical living resources, or different living resources
in the same area, shall enter into negotiations with a view to taking the measures necessary for the
conservation of the living resources concerned. They shall, 66 as appropriate, cooperate to establish
subregional or regional fisheries organizations to this end.

Article 192

General obligation States have the obligation to protect and preserve the marine environment.

Article 300

Good faith and abuse of rights States Parties shall fulfil in good faith the obligations assumed under
this Convention and shall exercise the rights, jurisdiction and freedoms recognized in this Convention
in a manner which would not constitute an abuse of right.

ICJ

Article 36

1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters
specially provided for in the Charter of the United Nations or in treaties and conventions in force.

2. The states parties to the present Statute may at any time declare that they recognize as
compulsory ipso facto and without special agreement, in relation to any other state accepting the
same obligation, the jurisdiction of the Court in all legal disputes 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.
3. The declarations referred to above may be made unconditionally or on condition of reciprocity on
the part of several or certain states, or for a certain time.

4. Such declarations shall be deposited with the Secretary-General of the United Nations, who shall
transmit copies thereof to the parties to the Statute and to the Registrar of the Court.

5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice
and which are still in force shall be deemed, as between the parties to the present Statute, to be
acceptances of the compulsory jurisdiction of the International Court of Justice for the period which
they still have to run and in accordance with their terms.

6. In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by
the decision of the Court.

Article 40

1. Except in the circumstances contemplated by Article 38, paragraph 5, of these

Rules, all steps on behalf of the parties after proceedings have been instituted
shall be taken by agents. Agents shall have an address for service at the seat of
the Court to which all communications concerning the case are to be sent.
Communications addressed to the agents of the parties shall be considered as
having been addressed to the parties themselves.

2. When proceedings are instituted by means of an application, the name of the

agent for the applicant shall be stated. The respondent, upon receipt of the
certified copy of the application, or as soon as possible thereafter, shall inform
the Court of the name of its agent.

3. When proceedings are brought by notification of a special agreement, the party

making the notification shall state the name of its agent. Any other party to the
special agreement, upon receiving from the Registrar a certified copy of such
notification, or as soon as possible thereafter, shall inform the Court of the name
of its agent if it has not already done so.

Subsection 2. Preliminary Objections

Article 79* 1

1. Any objection by the respondent to the jurisdiction of the Court or to the

admissibility of the application, or other objection the decision upon which is
requested before any further proceedings on the merits, shall be made in writing
as soon as possible, and not later than three months after the delivery of the
Memorial. Any such objection made by a party other than the respondent shall be
filed within the time-limit fixed for the delivery of that party’s first pleading.

2. Notwithstanding paragraph 1 above, following the submission of the

application and after the President has met and consulted with the parties, the
Court may decide that any questions of jurisdiction and admissibility shall be
determined separately.

3. Where the Court so decides, the parties shall submit any pleadings as to
jurisdiction and admissibility within the time-limits fixed by the Court and in the
order determined by it, notwithstanding Article 45, paragraph 1.

4. The preliminary objection shall set out the facts and the law on which the
objection is based, the submissions and a list of the documents in support; it shall
mention any evidence which the party may desire to produce. Copies of the
supporting documents shall be attached.

5. Upon receipt by the Registry of a preliminary objection, the proceedings on the

merits shall be suspended and the Court, or the President if the Court is not sitting,
shall fix the time-limit within which the other party may present a written
statement of its observations and submissions; documents in support shall be
attached and evidence which it is proposed to produce shall be mentioned.

6. Unless otherwise decided by the Court, the further proceedings shall be oral.

7. The statements of facts and law in the pleadings referred to in paragraphs 4 and
5 of this Article, and the statements and evidence presented at the hearings
contemplated by paragraph 6, shall be confined to those matters that are relevant
to the objection.

8. In order to enable the Court to determine its jurisdiction at the preliminary stage
of the proceedings, the Court, whenever necessary, may request the parties to
argue all questions of law and fact, and to adduce all evidence, which bear on the
issue.

9. After hearing the parties, the Court shall give its decision in the form of a
judgment, by which it shall either uphold the objection, reject it, or declare that
the objection does not possess, in the circumstances of the case, an exclusively
preliminary character. If the Court rejects the objection or declares that it does
not possess an exclusively preliminary character, it shall fix time-limits for the
further proceedings.
10. Any agreement between the parties that an objection submitted under
paragraph 1 of this Article be heard and determined within the framework of the
merits shall be given effect by the Court.

__________

*
Amendment entered into force on 1 February 2001. Article 79 of the Rules of
Court as adopted on 14 April 1978 has continued to apply to all cases
submitted to the Court prior to 1 February 2001.

[1]In Article 79, paragraph 1, as amended, the words “as soon as possible, and
not later than three months after the delivery of the Memorial” have been
substituted for the words “within the time-limit fixed for the delivery of the
Counter-Memorial” contained in the text of this paragraph as adopted on 14
April 1978.

Paragraphs 2 and 3 of the amended Article 79 are new.

The former paragraphs 2 to 8 have been renumbered, respectively, as

paragraphs 4 to 10.