Mutuality and Reciprocity as Elements of Jurisdiction
(2,118 words)

paragraph 150 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts

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Of what does this consensual basis consist?

Aside from the broad and conceptual differentiation between the conditions ratione personae and ratione materiae - including for this purpose limitations, conditions or reservations ratione temporis as a factor determining the scope of the jurisdiction (see § II.156 below) - necessary for the exercise of jurisdiction, the principle of the consensual basis of jurisdiction means that it is not sufficient to…

Cite this page
Malcolm N. Shaw, “Mutuality and Reciprocity as Elements of Jurisdiction”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 17 January 2019 <>
First published online: 2017
First print edition: 20161001

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