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

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Time for Raising a Matter of Jurisdiction
(570 words)

paragraph 218 in volume 2, chapter 13, Matters of Jurisdiction

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Formally, there are no conditions as to the precise moment at which a party should raise a matter of jurisdiction. In practice, in view of the principle of prorogated jurisdiction, objections genuinely preliminary in character ought to be raised before the interested party joins issue on the merits. Up to the 2000 amendment of Article 79 of the Rules (in force as of 1 February 2001) preliminary objections had to be filed at th…

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Malcolm N. Shaw, “Time for Raising a Matter of Jurisdiction”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 28 March 2023 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0218>
First published online: 2017
First print edition: 20161001



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