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

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The General Theory of Forum Prorogatum
(1,591 words)

paragraph 181 in volume 2, chapter 11, Treaties and Conventions in Force

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Since 1947, the assumption of jurisdiction on the basis of the so-called forum prorogatum has assumed a prominent place in the practice of States and in the work of the International Court of Justice. Deriving from the principle Allegans contraria non audiendus est, sometimes regarded as akin to the common law concept of estoppel, the forum prorogatum is a form of jurisdiction which is based on an agreement between the parties that is made and enters into force after the pr…

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Malcolm N. Shaw, “The General Theory of Forum Prorogatum”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 25 February 2024 <>
First published online: 2017
First print edition: 20161001

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