Preliminary Objections: Rules of 1926/1931, Article 38
(3,020 words)

paragraph 219 in volume 2, chapter 13, Matters of Jurisdiction

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In substance, the notion of preliminary objection is broad enough to cover any kind of plea raised by a party to attack the validity of the seisin of the Court or of the proceedings on the merits or the ability of the Court to render a decision on the merits, and that party must request the suspension of the proceedings on the merits so long as the objection is outstanding. Objections to the jurisdiction can usually be easily …

Cite this page
Malcolm N. Shaw, “Preliminary Objections: Rules of 1926/1931, Article 38”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 27 June 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0219>
First published online: 2017
First print edition: 20161001



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