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

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The Requirement of Prior Diplomatic Negotiations
(3,808 words)

paragraph 288 in volume 3, chapter 19, The Institution of Contentious Proceedings

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Neither general international law nor the Statute requires a potential applicant to inform the potential respondent of its intention to institute proceedings. In the absence of any such obligation and of any infringement of the respondent’s corresponding rights, the respondent cannot in good faith challenge the jurisdiction of the Court on the ground that it had not received previous notice of the intention to bring the proceedings before the Court.1

There is no principle or rul…

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Malcolm N. Shaw, “The Requirement of Prior Diplomatic Negotiations”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 04 March 2024 <>
First published online: 2017
First print edition: 20161001

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