The Concept of Dispute: Justiciability and Jurisdiction
(4,746 words)

paragraph 147 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts

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The contentious jurisdiction of the Court is concerned with the decision on ‘disputes’. The Statute emphasizes the centrality of ‘dispute’ for the work of the Court in two provisions. Article 38, paragraph 1, states that the function of the Court is ‘to decide in accordance with international law such disputes [les différends] as are submitted to it’.1 More specifically, in Article 40, on the institution of proceedings, the Statute prescribes that in the document…

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Malcolm N. Shaw, “The Concept of Dispute: Justiciability and Jurisdiction”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 16 February 2019 <>
First published online: 2017
First print edition: 20161001

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