Jurisdiction over Incidental Matters
(2,573 words)

paragraph 161 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts

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The matters discussed up to this point relate to what is sometimes called mainline jurisdiction or jurisdiction to deal with the merits. All other matters with which the Court may be called upon to deal in connection with the case on the merits up to the final decision come within the scope of what may be called generically the Court’s incidental jurisdiction. The Court has explained the meaning of ‘incidental proceedings’ as a claim to be set out within the contex…

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Malcolm N. Shaw, “Jurisdiction over Incidental Matters”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 18 February 2019 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0161>
First published online: 2017
First print edition: 20161001

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