Self-judging clauses are clauses that allow states to reserve to themselves a right of non-compliance with international legal obligations in certain circumstances. A good example of a self-judging Clause can be found in the Convention concerning Judicial Assistance in Criminal Matters, which provides that assistance in proceedings relating to criminal offences. However It may be refused if the requested State considers that the execution of the request is likely to prejudice its sovereignty, its security, its ordre public or other of its essential interests.
Self-judging clauses also appears more frequently in international treaties, self-judging clauses can also be found in other types of international instruments including in optional declarations under the Statute of the International Court of Justice unilateral declarations whereby states accept the jurisdiction of the International Court of Justice vis-à-vis any other state accepting the same obligation and in reservations to international treaties. They appear, however, most frequently in various types of international treaties, including treaties on mutual assistance and extradition, trade and investment, or private international law and arbitration.
All these save guards are built-in clauses to make the treaty between France and Djibouti complicated yet interesting when you look at how these clauses are applied on the Borrel and Borreh cases. Also how the defence treaty can easily be affected without clear circumstance which is part of the whole treaty in equation.