The Retroactive Effect of a Title of Jurisdiction
(3,840 words)

paragraph 237 in volume 2, chapter 14, The Title of Jurisdiction

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As in respect of the validity in time of a title of jurisdiction, so must the retroactive effect of the title of jurisdiction be distinguished from the temporal element of the jurisdiction itself, although as before, there are elements common to both these features.1 In order to appreciate the practice of restricting the scope, ratione temporis, of the title of jurisdiction by means of temporal exclusion clauses, it is necessary first to consider the extent to which a title of ju…

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Malcolm N. Shaw, “The Retroactive Effect of a Title of Jurisdiction”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 18 January 2019 <>
First published online: 2017
First print edition: 20161001

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