The Link of the Dispute with the Title of Jurisdiction
(1,329 words)

paragraph 291 in volume 3, chapter 19, The Institution of Contentious Proceedings

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It is not sufficient that a valid title of jurisdiction is invoked unilaterally. There has to exist at least a prima facie link between the subject of the dispute as set out in the instrument instituting the proceedings and the title of jurisdiction that is invoked. This is implicit in Articles 36 and 40 of the Statute read together. Article 38 of the Rules makes this specific when the case is instituted by an…

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Malcolm N. Shaw, “The Link of the Dispute with the Title of Jurisdiction”, 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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