Matters of Jurisdiction Raised by the Court
(1,718 words)

paragraph 233 in volume 2, chapter 13, Matters of Jurisdiction

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It can occur that, despite the wishes of the parties, jurisdiction in the objective sense has not been effectively conferred on the Court or in the subjective sense ought not properly to be exercised by it. If the issue is not raised by the parties, then it is believed that the Court should raise it proprio motu as late as possible: it certainly should not interfere with the proper airing of the case in the written proceedings which may themselves lead to the necessary clarificatio…

Cite this page
Malcolm N. Shaw, “Matters of Jurisdiction Raised by the Court”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 18 February 2019 <>
First published online: 2017
First print edition: 20161001

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