Dissenting opinion of Mr. Hudson

The Bulgarian Govemment has advanced a preliminary objection in this case, asking the Court to declare that it lacks jurisdiction to deal with the application filed by the Belgian Govemment on January 26th, 1938, and to dismiss the Belgian daims. This challenge to the Court's jurisdiction requires that attention be given, at the outset, to the possible sources of jurisdiction, and to the bases upon which Belgium asserts and Bulgaria contests jurisdiction to deal with this case. If two States parties to a case before the Court agree that the O;mrt has jurisdiction, it will usually be unnecessary for the Court to look further for confirmation of its jurisdiction ; but where, as here, the jurisdiction is contested, the Court must look for a source of its jurisdiction in the applicable law in spite of the fact that the parties may trace their contentions to the same source or sources.

Sustainable Development Goals:

Peace, Justice and Strong Institutions