JUDGMENT No. 12.-UPPER
SILESIA (MINORITY SCHOOLS)
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the Statute, in its first paragraph, establishes this principle
in the following terms :
"The jurisdiction of the Court comprises al1 cases
which the Parties refer to i t and al1 matters specially
provided for in treaties and conventions in force."
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L ~ h i sprinciple only becomes inoperative in those exceptional
cases in which the dispute which States might desire to refer
to the Court would fa11 within the exclusive jurisdiction
reserved to some other authorityj That, however, is not the
position in the present suit; for the jurisdiction possessed
by the Council of the League of Nations under Articles
147 and 149 of the Geneva Convention to decide upon
individual or collective petitions, is entirely distinct from,
and in no respect restricts, the Court's jurisdiction to hear
and determine disputes between States. This is shown by the
fact that the jurisdiction derived by the Council from these
articles also covers the articles of Division 1 of this Part of,
the Convention in regard to which Article 72, paragraph 3,
expressly confers jurisdiction upon the Court in the case of
d_iSputes between the States therein mentioned.
\ The Court's position, in regard to jurisdiction, cannot be
cwpared to the position of municipal courts, amongst which
jurisdiction is apportioned by the State, either ratione materiæ
or in accordance with a hierarchical system. This division of
jurisdiction is, generally speaking, binding upon the Parties
and implies an obligation on the part of the Courts e x ogicio
to ensure its observance. Since in such cases the raising of
an objection by one Party merely draws the attention of the
Court to an objection to the jurisdiction which it must ex
ogicio consider, a Party may take this step a t any stage of
the proceedingsl
t h e acceptange by a State of the Court's jurisdiction in a
particular case is not, under the Statute, subordinated to the
observance of certain forms, such as, for instance, the previous
conclusion of a special agreement
Thus, in Judgment No. 5 the Court has accepted as sufficient
for the purpose of establishing its jurisdiction a mere declaration
made by the Respondent in the course of the proceedings
agreeing that the Court should decide a point which, in the
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