Consent by Conduct
(1,105 words)

paragraph 157 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts

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Another factor that has contributed to extending the jurisdiction of the Court in practice, is the development of the principle Allegans contraria non audiendus est to produce consent that the Court should decide a case, sometimes said to be akin to ‘estoppel’ of the common law. This occupies a recognized place in international procedure. If one State by its conduct induces in another State the belief that it accepts the jurisdiction or will not…

Cite this page
Malcolm N. Shaw, “Consent by Conduct”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 16 January 2019 <>
First published online: 2017
First print edition: 20161001

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