Question

A unilateral reference of a dispute to the court by one state party without prior special agreement can be made ___________________.

• A. with the approval of the Security Council.
• B. with the approval of the General Assembly.
• C. under the 'Principle of Prorogatum'
• D. under emergent circumstances.

Answer 1

The correct option is C under the 'Principle of Prorogatum'

The jurisdiction of the International Court of Justice (ICJ) in a contentious case is based entirely on the consent of states. The doctrine of Prorogatum affords an informal way for a state to express consent to the Court's jurisdiction. The doctrine refers to the extension of a court's jurisdiction by a agreement of the parties to a case after proceedings have been instituted.