Dáil Éireann díospóireacht -
Wednesday, 27 Feb 2002

Vol. 549 No. 4

Written Answers. - International Court of Justice.

Ruairí Quinn

Ceist:

98 Mr. Quinn asked the Minister for Foreign Affairs the position in relation to a declaration under Article 36(2) of the Statute of the International Court of Justice; the specific steps taken in this regard since 26 June 1997; and if he will make a statement on the matter. [7086/02]

Minister for Foreign Affairs (Mr. Cowen)

Ireland became a party to the Statute of the International Court of Justice upon joining the United Nations in 1955, an act fully consistent with Ireland's commitment, under Article 29.2 of the Constitution, to the peaceful settlement of international disputes. However, in view of the possible implications of doing so at that time, we did not then make a declaration under article 36 (2) of the statute accepting the compulsory jurisdiction of the court.

In the light of the terms of the Good Friday Agreement, the Government is now favourably disposed to accepting the compulsory jurisdiction of the International Court of Justice. However, the precise implications of making such a declar ation, and the question of what, if any, conditions or reservations should attach to it, are complex legal matters which require careful study and consideration. This process continues to be advanced within my Department.

In the meantime, it should be borne in mind that, pending the making of such a declaration, the court may nevertheless exercise jurisdiction in disputes where there is a specific agreement between the parties that the court should do so or where specific treaties so provide. It should also be borne in mind that other forms of dispute settlement may be more suitable in certain cases.