the Morse Resolution

Home / Blog do Elfilho Advogados / the Morse Resolution

The Morse Resolution approved the optional clause of Article 36 (2) of the Statute of the International Court of Justice on August 2nd, 1946, with a few conditions. To have a detailed review of the US acceptance of the compulsory jurisdiction of the ICJ, additional reading:

 

Wilcox, Francis O. “The United States Accepts Compulsory Jurisdiction.” The American Journal of International Law, vol. 40, no. 4, 1946, pp. 699–719. JSTOR, https://doi.org/10.2307/2193817. Accessed 25 Mar. 2025.

 

Notice that, currently, the US does not accept the compulsory jurisdiction of the ICJ. The United States withdrawal from ICJ jurisdiction under Article 36(2) of the Statute of the Court was deposited by Secretary of State George Shultz on Oct. 7, 1985, following U.S. refusal on Jan. 18, 1985 to participate in Military and Paramilitary Activities in and against Nicaragua. See Department Statement, DEP’T ST. BULL., No. 2096, March 1985, at 64, reprinted in 24 ILM 246. Additional reading:

Scott, Gary L., and Craig L. Carr. “The ICJ and Compulsory Jurisdiction: The Case for Closing the Clause.” The American Journal of International Law, vol. 81, no. 1, 1987, pp. 57–76. JSTOR, https://doi.org/10.2307/2202131. Accessed 25 Mar. 2025.

And:

MORRISON, FRED L. “Reconsidering United States Acceptance of the Compulsory Jurisdiction of the International Court of Justice.” World Affairs, vol. 148, no. 1, 1985, pp. 63–70. JSTOR, http://www.jstor.org/stable/20672051. Accessed 25 Mar. 2025.

To a historical review of the optional clause, it is recommended:

Lloyd, Lorna. “‘A Springboard for the Future’: A Historical Examination of Britain’s Role in Shaping the Optional Clause of the Permanent Court of International Justice.” The American Journal of International Law, vol. 79, no. 1, 1985, pp. 28–51. JSTOR, https://doi.org/10.2307/2202662. Accessed 25 Mar. 2025.