paragraph 393 in volume 3, chapter 27, The Decision
The Permanent Court had to face the problem of the relation between a holding in a judgment dealing with a matter of jurisdiction and the same or a similar issue arising in the merits, in the course of its prolonged dealing with the dispute between Germany and Poland going under the name of German Interests in Polish Upper Silesia and the Chorzów Factory cases.1 In the Polish Upper Silesia (Jurisdiction) case, the Court found that it had to proceed with an enquiry involving the interpretation of a treat…