The Non Ultra Petita Rule
(707 words)

paragraph 160 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts

previous paragraph

The non ultra petita rule supplies a possible limiting feature on the general scope of the Court’s final decision. In essence it prevents the Court from awarding to the winning party more than it requested in its formal submissions.

The Corfu Channel (Compensation) case is an illustration of how this operates with regard to the assessment of compensation. The total claim by the United Kingdom was for £ 843,947, made up as follows:

In respect of H.M.S. Saumarez £ 700,087

In respect of…

Cite this page
Malcolm N. Shaw, “The Non Ultra Petita Rule”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 27 March 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0160>
First published online: 2017
First print edition: 20161001



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