Justiciability
(893 words)

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

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Here the issue of justiciability arises. Justiciability in international litigation, and especially in the International Court, is not to be confused with justiciability as found in internal legal systems, or with the related ‘political question’ doctrine with which U.S. jurists are familiar. What ‘justiciability’ implies in the International Court can be inferred from the following passages in which the Court has discussed the matter directly.

In the Military and Param…

Cite this page
Malcolm N. Shaw, “Justiciability”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 26 June 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0147A>
First published online: 2017
First print edition: 20161001



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