Washington Law Review


Douglas J. Ende


This Comment analyzes the administration's cessation of its obligations under the ICJ's compulsory jurisdiction and concludes that the decision was unwarranted in failing to recognize valid alternatives which answer objections to the Court's alleged politicization. An examination of the role of compulsory jurisdiction in ICJ adjudication, United States practice under compulsory jursidiction, and the bases for the administration's decision provide an analytic foundation for the evaluation of alternatives to outright termination. Those alternatives are analyzed in light of the administration's specific grievances. The Comment recommends reconsideration of the decision and adoption of procedural innovations in the form of proposed "reservations" to a future United States declaration of acceptance of the ICJ's compulsory jurisdiction.

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