1. See Reuter, Les Modes de Solution des Conflits Internationaux 295 (1958).
2. [1952] I.C.J. Rep. 93, 161.
3. Compare e.g., the separate opinions of Judges Badawi and Armand-Ugon in the Aerial Incident of July 27th 1955 Case (Israel v. Bulgaria), [1959] I.C.J. Rep. 127, 149, 153, with the joint dissenting opinion of Judges Lauterpacht, Koo and Spender in id. at 192–3.
4. See e.g., Right of Passage Case [1957] I.C.J. Rep. 125, 156 (Diss. Op. of Judge Badawi). Judge Badawi’s conclusion in this respect was reached after an explicit reference to the different positions adopted by municipal legal systems in relations to the formation of contracts by correspondence.
5. This is particularly so in the situation where the jurisdictional issue is dependent on the law applicable to the merits, e.g., when no jurisdiction will be established unless the merits are governed by international law (a doctrine to which the Court has not so far subscribed). See infra at 224–8. See also, I Procès Verbaux of the Proceedings of the Advisory Committee of Jurists 309–10 (1920), where Mr. Root expressed the view that the Court would have no jurisdiction in case of non liquet, i.e., in the absence of rules to govern the merits. And cf. generally, Goyard, La Compétence des Tribunaux Judiciaires en Matière Administrative 20 (1962).