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

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Priorities of Objections
(1,346 words)

paragraph 227 in volume 2, chapter 13, Matters of Jurisdiction

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As seen, it is not sufficient for a party to entitle a document preliminary objection, however important nomenclature and a reference to Article 79 of the Rules may be as evidence of its intention. In addition to matters of form, the plea has to show the essential juridical characteristics which give it its preliminary character in the particular case, which demonstrate that it is a challenge to the power of the Court to determine the merit…

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Malcolm N. Shaw, “Priorities of Objections”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 20 March 2023 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0227>
First published online: 2017
First print edition: 20161001



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