Rosenne's Law and Practice of the International Court: 1920-2015

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Litispendence, Political and Legal
(1,712 words)

paragraph 30 in volume 1, chapter 3, The Political and the Institutional Role of the Court

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The cases that have been noted in §§ I.25 and 26 above have given rise to the problem of lis pendens when a dispute is simultaneously under consideration in the Court and in one of the political organs of the United Nations. The same problem can arise if the same dispute is before either of the other two standing courts, or even before an ad hoc court or tribunal. The South-West Africa, Application of the 1971 Montreal Convention and Application of the Genocide Convention cases posed th…

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Malcolm N. Shaw, “Litispendence, Political and Legal”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 03 March 2024 <>
First published online: 2017
First print edition: 20161001

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