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

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Jurisdiction and Propriety
(2,817 words)

paragraph 151 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts

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The ability of the Court to decide a case has to be distinguished from the question whether in the circumstances it would be compatible with the Court’s status of principal judicial organ of the United Nations, with its judicial function or with its judicial character for it to decide the particular case. The use of the unusual expression the matter (for which there is no equivalent in the French text) in Article 36, paragraph 6, of the Statute, and not the dispute which is used in th…

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Malcolm N. Shaw, “Jurisdiction and Propriety”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 07 June 2023 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0151>
First published online: 2017
First print edition: 20161001



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