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

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Matters of Jurisdiction in Counter-Claims
(682 words)

paragraph 232A in volume 2, chapter 13, Matters of Jurisdiction

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In the first instance of a counterclaim in the present Court, the Asylum case, a question arose of the jurisdiction of the Court to entertain a counter-claim and its admissibility.1 However, as a result of the reformulation of the final submissions in that case, the Court did not find it necessary to deal with questions of jurisdiction and admissibility as such, and independently of its decision on the substance of the counter-claim.2

The Court has later developed the practice of deciding the adm…

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Malcolm N. Shaw, “Matters of Jurisdiction in Counter-Claims”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 27 February 2024 <>
First published online: 2017
First print edition: 20161001

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