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VIII
Disputes Between Contracting States
45. Article 64 confers on the International Court of Justice jurisdiction
over disputes between Contracting States regarding the interpretation
or application of the Convention which are not settled by negotiation
and which the parties do not agree to settle by other methods. While the
provision is couched in general terms, it must be read in the context
of the Convention as a whole. Specifically, the provision does not confer
jurisdiction on the Court to review the decision of a Conciliation Commission
or Arbitral Tribunal as to its competence with respect to any dispute
before it. Nor does it empower a State to institute proceedings before
the Court in respect of a dispute which one of its nationals and another
Contracting State have consented to submit or have submitted to arbitration,
since such proceedings would contravene the provisions of Article 27,
unless the other Contracting State had failed to abide by and comply with
the award rendered in that dispute.
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