The Treatment of Preliminary Questions in Advisory Proceedings
(2,404 words)

paragraph 252 in volume 2, chapter 15, Advisory Jurisdiction

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Article 48 of the Statute gives the Court the general power to control the conduct of advisory proceedings, parallel to the similar power which it gives to the Court for contentious cases. This is added to the general discretionary powers of the Court under Articles 65 and 68 of the Statute. It has supplied a basis on which the Court has decided preliminary issues in advisory proceedings.

Two types of preliminary questions have been encountered in the advisory experience of the two Courts. The…

Cite this page
Malcolm N. Shaw, “The Treatment of Preliminary Questions in Advisory Proceedings”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 16 January 2019 <>
First published online: 2017
First print edition: 20161001

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