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

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Counter-Claims
(2,780 words)

paragraph 305 in volume 3, chapter 20, The Written Proceedings and Related Matters

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There is no mention of counter-claims in the Statute, and the law on this subject is entirely judge-made law. The topic is now embodied in Article 80 of the Rules of Court revised in 1978 and further amended in 2000 with effect from 1 February 2001. In its current form, Article 80 reads:

1.
The Court may entertain a counter-claim [demande reconventionnelle] only if it comes within the jurisdiction of the Court and is directly connected with the subjectmatter of the claim of the other party.
2.
A…

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Malcolm N. Shaw, “Counter-Claims”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 07 December 2023 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0305>
First published online: 2017
First print edition: 20161001



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