The Isolation of Matters of Jurisdiction by the Parties
(594 words)

paragraph 223 in volume 2, chapter 13, Matters of Jurisdiction

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The unspoken assumption of the isolation of matters of jurisdiction and of admissibility by the Court is that these issues can be argued in an adversarial proceeding and judicially determined before the full facts are laid before the Court. This assumption itself is open to question, except in the rare case where, as indicated, the issue of jurisdiction concerns only the existence or the validity of the title of jurisdiction i…

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Malcolm N. Shaw, “The Isolation of Matters of Jurisdiction by the Parties”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 16 August 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0223>
First published online: 2017
First print edition: 20161001



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