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

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Mutuality and Reciprocity as Elements of Jurisdiction
(2,118 words)

paragraph 150 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts

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Of what does this consensual basis consist?

Aside from the broad and conceptual differentiation between the conditions ratione personae and ratione materiae - including for this purpose limitations, conditions or reservations ratione temporis as a factor determining the scope of the jurisdiction (see § II.156 below) - necessary for the exercise of jurisdiction, the principle of the consensual basis of jurisdiction means that it is not sufficient to…

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Malcolm N. Shaw, “Mutuality and Reciprocity as Elements of Jurisdiction”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 27 March 2023 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0150>
First published online: 2017
First print edition: 20161001



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