The Court notes that Australia invokes as the basis of the Court’s jurisdiction the
declarations made by both Parties under Article 36, paragraph 2, of the Court’s Statute. It observes
that Japan, for its part, contests the Court’s jurisdiction over the dispute, arguing that it falls within
reservation (b) of Australia’s declaration, which Japan invokes on the basis of reciprocity. This
reservation excludes from the Court’s jurisdiction “any dispute concerning or relating to the
delimitation of maritime zones, including the territorial sea, the exclusive economic zone and the
continental shelf, or arising out of, concerning, or relating to the exploitation of any disputed area
of or adjacent to any such maritime zone pending its delimitation”.