who has the right of way in international waters
International Regulations for Preventing Collisions at Sea A commonly held misconception[according to whom?] concerning the rules of marine navigation is that by following specific rules, a vessel can gain certain rights of way over other vessels. No vessel ever has absolute "right of way" over other vessels. Rather, there can be a "give way" (burdened) vessel and a "stand on" (privileged) vessel, or there may be two give way vessels with no stand on vessel.[clarification needed][citation needed] A stand on vessel does not have an absolute right of way over any give way vessel, for if there is a risk of collision, a stand on vessel may still be obliged under Rule 2 and Rule 17 to give way so as to avoid it, if doing so will be effective and is practicable.[14][15] Two power-driven vessels approaching each other head to head, are both deemed to be "give way" and both are required to alter course so as to avoid colliding with the other. Neither vessel has "right of way".[16]
Jurisdiction of the International Court of Justice The key principle is that the Court only has jurisdiction on the basis of consent. The court has no true compulsory jurisdiction. Jurisdiction is often a key question for the Court, because it is challenged by the respondent. At the Preliminary Objections phase, a respondent may challenge (i) jurisdiction and/or (ii) admissibility of the case. Article 36 outlines four bases on which the Court's jurisdiction may be founded.