"Al1 disputes with regard to which the parties are in conflict as to
their respective rights shall, subject to any reservations which may be
made under Article 39, be subrnitted for decision to the Permanent
Court of International Justice, unless the parties agree, in the manner
hereinafter provided, to have resort to an arbitral tribunal. It is
understood that the disputes referred to above include in particular
those mentioned in Article 36 of the Statute of the Permanent Court
of International Justice."
The Article thus provides, under certain conditions, for the reference to the
former Permanent Court of International Justice of disputes with regard to
which the parties are in conflict as to their respective rights. Article 37 of
the Statute of this Court, however, States that:
"Whenever a treaty or convention in force provides for reference of
a matter to . . . the Permanent Court of International Justice, the
matter shall, as between the parties to the present Statute, be referred
to the International Court of Justice."
The effect of that Article, as this Court emphasized in the Barcelona
Traction, Light and Power Company, Limited, Preliminaty Objections, case
(I.C.J. Reports 1964, at pp. 31-39) is that, as between parties to the Statute,
this Court is substituted for the Permanent Court in any treaty or convention in force, the terms of which provide for reference of a matter to the
Permanent Court. Accordingly any treaty or convention providing for
reference of any matter to the Permanent Court is capable as between the
parties to the present Statute of furnishing a basis for establishing the
Court's jurisdiction in regard to a dispute, on condition that the treaty or
convention applies to the particular matter in question and is in force as
between the parties to that dispute. Clearly, Article 17 of the General Act
of 1928, here invoked by Greece, contains a jurisdictional clause which
does provide for reference to the Permanent Court of certain specified
matters, namely, "al1 disputes with regard to which the parties are in
conflict as to their respective rights". It follows that, if the 1928 Act is
considered to be a convention in force between Greece and Turkey and
applicable to the "matter" which is the subject of the present dispute, the
Act, read in combination with Article 37, and Article 36, paragraph 1, of
the Statute, may suffice to establish the Court's jurisdiction in the present
case.
35. The General Act came into force in accordance with its terms on
16 August 1929, and Greece became a party to the Act by depositing an
instrument of accession on 14 September 1931, subject to certain reservations. Turkey likewise became a party to the Act by depositing an instrument of accession on 26 June 1934 which, also, was subject to certain
reservations. In consequence, the General Act undoubtedly became a
convention in force as between Greece and Turkey on the ninetieth day
following the deposit of Turkey's instrument of accession, in accordance