Evaluation of Forum Prorogatum
(423 words)

paragraph 189 in volume 2, chapter 11, Treaties and Conventions in Force

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By a process of autono mous judicial interpretation untrammelled by excessive consideration for the travaux préparatoires of the Statute or for matters of pure form, the Court has created an imposing doctrine which seems to be at some variance with the political attitude of some States towards what ought to be the basis of the Court’s jurisdiction. Boni judicis est ampliare jurisdictionem! There is probably not a judge nor a jurist who does not want to see the borders of legal c…

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Malcolm N. Shaw, “Evaluation of Forum Prorogatum”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 18 January 2019 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0189>
First published online: 2017
First print edition: 20161001

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