§437. Special Agreements.Article 36 of the Statute provides that "the jurisdiction of the Court comprises all cases (Fr., toutes affaires) which the parties refer to it and all matters (Fr., tous les cas) especially provided for in treaties and conventions in force;" Article 40 mentions as the two ways in which cases are brought before the Court (1) the notification of a special agreement (Fr., compromis),1 and (2) a written 2 application (Fr., requête).3Special agreement (compromis) is the term employed to describe an agreement by two or more States to submit to the Court a dispute which has already arisen relating to a defined question or questions. It may or may not be entered into in pursuance of provisions in a previous agreement relating to the jurisdiction of the Court.4 It constitutes an "international engagement," though in practice special agreements have seldom been registered under Article 18 of the Covenant.5Article 40 of the Statute provides that "the subject of the dispute and the contesting parties must be indicated," but no special form seems to be required for a special agreement and the will of the parties may doubtless be expressed informally. The special agreement may be brought into force between the parties upon signature, or its entry into force may be____________________
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Publication information: Book title: The Permanent Court of International Justice, 1920-1942. Contributors: Manley O. Hudson - Author, Bureau of International Research of Harvard University and Radcliffe College - OrganizationName. Publisher: The Macmillan Company. Place of publication: New York. Publication year: 1943. Page number: 435.
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