1. State X has accepted the jurisdiction of the International Court of Justice(ICJ) in a unilateral declaration pursuant to Article 36(2) of the ICJ’s Statute. The declaration, however, contains the following provision: “This declaration shall not apply to disputes with regard to matters which are essentially within the domestic jurisdiction of State X as determined by State X.”(a) Is this provision valid?(b) In a suit between State X and State Y, may State Y invoke this provision as to matters it considers within its own domestic jurisdiction? Explain.
2. State A sues State B in the International Court of Justice. The ICJ hands down a judgment that is adverse to State B. State B refuses to comply with the judgment. What can State A do to get State B to comply?
3. State C and State D are both signatories of the Washington Convention that created the International Center for the Settlement of Investment Disputes (ICSID). Both have notified ICSID that they consider all types of investment disputes as arbitrable. Cee Co. is a multinational firm incorporated in State C. State D asked Cee Co. to set up a subsidiary in its territory and promised Cee Co. that it would give it a tax holiday (i.e., not charge it any local taxes)for a period of 20 years. Cee Co. agreed, but it required State D to sign an ICSID arbitration agreement. The government in State D has changed, and the new government has cancelled all tax holidays granted to foreign firms, including Cee Co. In anticipation of Cee Co. seeking ICSID arbitration, State D has informed ICSID that it no longer considers disputes relating to taxes as being arbitrable. Cee Co. does ask ICSID to convene an arbitration tribunal. Does the tribunal have jurisdiction to proceed? Explain.
4. In the preceding question, assume that Cee Co. obtains an award from the ICSID tribunal. Cee Co. now seeks to enforce the