The Court must in the first place observe that this is the first timethat it has had to take a position on the question whether a declarationwhich did not have binding force at the time of the Permanent Court is or isnot to be numbered among those to which Article 36, paragraph 5, of theStatute of the International Court of Justice applies. The case of the AerialIncident of 27 July 1955 featured quite a different issue - in a nutshell,whether the effect of a declaration that had unquestionably become bindingat the time of the Permanent Court could be transposed to the InternationalCourt of Justice when the declaration in question had been madeby a State which had not been represented at the San Francisco Conferenceand had not become a party to the Statute of the present Court until longafter the extinction of the Permanent Court. In view of this difference inthe issues, the Court does not consider that its decision in the AerialIncident case, whatever may be its relevance in other respects, provides anypointers to precise conclusions on the limited point now in issue. The mostthat could be pointed out on the basis of the discussions surrounding theAerial Incident case is that, at that time, the United States took a particularlybroad view of the separability of an Optional-Clause declarationand its institutional foundation by contending that an Optional-Clausedeclaration (of a binding character) could have outlived by many years thetòa án để mà nó liên quan. Nhưng trường hợp hiện nay cũng liên quan đến một vấn đề củaseparability, kể từ khi các câu hỏi để được quyết định là trong phạm vi mà mộtTùy chọn-khoản tuyên bố (mà không có ràng buộc quân) có thể được tách ra
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