Disposal of Objections: Rules, Article 79 Paragraph 9
(4,192 words)

paragraph 232 in volume 2, chapter 13, Matters of Jurisdiction

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Article 79, paragraph 9 (formerly Article 67 (1972) and 79 (1978), paragraph 7) contains the major innovation of 1972. That provision retained the requirement that after a hearing the decision on preliminary objections should be in the form of a judgment. The long-standing option that the decision could be to join an objection to the merits was replaced by a new formula, that the Court’s decision could ‘declare that the objection does not possess, in the circumstances of the case, an exclusively prelimina…

Cite this page
Malcolm N. Shaw, “Disposal of Objections: Rules, Article 79 Paragraph 9”, 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_0232>
First published online: 2017
First print edition: 20161001

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