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Tutorial 4: International dispute settlement/ Use of Force

Questions 1. Explain in your own words the essence of article 36 (2) of the ICJ Statute. Give an example of an Article 36 (2) declaration with reservation. (2.5 marks) 2. If a state has not made a declaration under article 36 (2) of the ICJ Statute can it still be brought before the Court? If so how? (2.5 marks) 3. In the Nicaraguan case, the ICJ held that the principle of reciprocity in its application to optional declarations did not extend to the "formal conditions of their creation, duration or extinction", but only to the "scope and substance of the commitment entered into" (para 62). What did the Court mean by this? How did the Court apply this rule to the facts of the case? (5 marks) 4. Assume that the United States has reliable intelligence that the regime in North Korea is about to launch a nuclear strike on a city in California. In such a scenario would the United States be entitled to launch a pre-emptive military strike on North Korea, and if so what would the preconditions be for such a strike to be consistent with the rules of international law? Please note that no further research is required to answer this question (or the questions above) beyond the material in the synopsis/reading list. (10 marks)...