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

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Preliminary Objection Judgments and Later Phases
(1,998 words)

paragraph 393 in volume 3, chapter 27, The Decision

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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…

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Malcolm N. Shaw, “Preliminary Objection Judgments and Later Phases”, 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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