The Isolation of Matters of Jurisdiction by the Court
(2,455 words)

paragraph 222 in volume 2, chapter 13, Matters of Jurisdiction

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Without referring to what is now Article 79, paragraph 6, the Court first isolated the matter of jurisdiction from the merits in the two Fisheries Jurisdiction cases, heard under the Rules of 1946 but after it had promulgated the Rules of 1972. The respondent had denied the jurisdiction of the Court, had not appointed an agent, and did not take part in proceedings on requests for the indication of provisional measures. In a series of communications th…

Cite this page
Malcolm N. Shaw, “The Isolation of Matters of Jurisdiction by the Court”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 21 February 2019 <>
First published online: 2017
First print edition: 20161001

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