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‡ There is a treaty called ³Outer Space Treaty´
‡ Treaty formed of 45 countries of major developed countries.
‡ Treaty forbids any member state from claiming ³planet, satellite, asteroid, or
other celestial body´ as part of territory of the member state.
‡ State X is not a member of the treaty.
‡ State X sent a spacecraft to the moon.
‡State X claimed 1,000 square kilometer .
‡State X construct a small building on the moon earth.
‡State Y is a member of the treaty.
‡State Y brought a suit against state X in the ICJ ³International Court of Justice´
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‡ State X, (which is not a party to the treaty) claimed to the territorial


annexation of part of the moon be declared void.

‡ State X argues that even if there is an opinio Juris, none of the members of
the world community have acted to prevent the annexation of parts of
surface of the moon and therefore there is no uses.
‡ The problem is:
- Does state Y have the right to brought suit against sate X, although State
X is not a party to the treaty?
- Would State X will be obliged towards ICJ ?
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‡ .ΔϤϜΤϤϟ΍ ϰϟ· ΍ϮοΎϘΘϳ ϥ΃ ϲγΎγϷ΍ ϡΎψϨϟ΍ ΍άϫ ϲϓ ϑ΍ήσ΃ ϲϫ ϲΘϟ΍ ϝϭΪϠϟ - 1


‡ ϥ΃ ϯήΧϷ΍ ϝϭΪϟ΍ ή΋Ύδϟ ΎϬΒΟϮϤΑ ίϮΠϳ ϲΘϟ΍ ρϭήθϟ΍ ϦϣϷ΍ βϠΠϣ ΩΪΤϳ - 2
Ε΍ΪϫΎόϤϟ΍ ϲϓ ΓΩέ΍Ϯϟ΍ ΔλΎΨϟ΍ ϡΎϜΣϷ΍ ΓΎϋ΍ήϣ ϊϣ ϚϟΫϭ ˬΔϤϜΤϤϟ΍ ϰϟ· ϰοΎϘΘΗ
ϦϴΑ Γ΍ϭΎδϤϟΎΑ ϞΨΗ ΔϴϔϴϜΑ ρϭήθϟ΍ ϚϠΗ ϊοϭ ϝΎΤΑ ίϮΠϳ ϻ Ϫϧ΃ ϰϠϋ .ΎϬΑ ϝϮϤόϤϟ΍
ΔϤϜΤϤϟ΍ ϡΎϣ΃ ϦϴοΎϘΘϤϟ΍
‡ 1. The Court shall be open to the states parties to the
present Statute.
‡ 2. The conditions under which the Court shall be open to
other states shall, subject to the special provisions
contained in treaties in force, be laid down by the Security
Council, but in no case shall such conditions place the
parties in a position of inequality before the Court.
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‡ ϞϤθΗ ΎϤϛ ˬϥϮοΎϘΘϤϟ΍ ΎϬϴϠϋ ΎϬοήόϳ ϲΘϟ΍ ΎϳΎπϘϟ΍ ϊϴϤΟ ΔϤϜΤϤϟ΍ Δϳϻϭ ϞϤθΗ - 1
ϲϓ ϭ΃ "ΓΪΤΘϤϟ΍ ϢϣϷ΍" ϕΎΜϴϣ ϲϓ ΔλΎΧ ΔϔμΑ ΎϬϴϠϋ ιϮμϨϤϟ΍ Ϟ΋ΎδϤϟ΍ ϊϴϤΟ
ΎϬΑ ϝϮϤόϤϟ΍ ΕΎϗΎϔΗϻ΍ϭ Ε΍ΪϫΎόϤϟ΍

‡ 1. The jurisdiction of the Court comprises all cases which


the parties refer to it and all matters specially provided for
in the Charter of the United Nations or in treaties and
conventions in force
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- ϖΒτΗ ϲϫϭ ˬϲϟϭΪϟ΍ ϥϮϧΎϘϟ΍ ϡΎϜΣϷ Ύ˱Ϙϓϭ ΎϬϴϟ· ϊϓήΗ ϲΘϟ΍ ΕΎϋίΎϨϤϟ΍ ϲϓ ϞμϔΗ ϥ΃ ΔϤϜΤϤϟ΍ Δϔϴχϭ
:ϥ΄θϟ΍ ΍άϫ ϲϓ

.ΔϋίΎϨΘϤϟ΍ ϝϭΪϟ΍ ΐϧΎΟ Ϧϣ ΔΣ΍ήλ ΎϬΑ Ύ˱ϓήΘόϣ Ϊϋ΍Ϯϗ ϊπΗ ϲΘϟ΍ ΔλΎΨϟ΍ϭ ΔϣΎόϟ΍ ΔϴϟϭΪϟ΍ ΕΎϗΎϔΗϻ΍( ΃ )

- ϥϮϧΎϗ ΔΑΎΜϤΑ άΧ΄Η ΔϣΎόϟ΍ Ε΍ΩΎόϟ΍ ϢϜΣ ϰϓ ϰΘϟ΍ ΔϴϟϭΪϟ΍ Ε΍ΩΎόϟ΍(Ώ)

‡ 1. The Court, whose function is to decide in accordance with


international law such disputes as are submitted to it, shall apply:
‡ a. international conventions, whether general or particular,
establishing rules expressly recognized by the contesting states;
‡ b. international custom, as evidence of a general practice accepted
as law;
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