The Consensual Basis of Jurisdiction
(3,850 words)

paragraph 154 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts

previous paragraph

It is an uncontro-versial principle of general international law that no State is obliged to submit any dispute with another State or to give an account of itself to any international tribunal. The agreement of the parties to the dispute is the prerequisite to adjudication on the merits. The consent of the parties that an international court shall decide the case is sufficient to confer subject matter jur…

Cite this page
Malcolm N. Shaw, “The Consensual Basis of 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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