Tacit Consent
(1,600 words)

paragraph 187 in volume 2, chapter 11, Treaties and Conventions in Force

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In considering whether jurisdiction has been conferred by the tacit consent of the respondent, the Court will have regard to the whole of its conduct, and not merely to isolated phenomena. It will not exercise jurisdiction if the whole of that State’s conduct in the case is inconsistent with an intention that it should exercise jurisdiction. As the Court said in the Corfu Channel (Preliminary Objection) case, the consent must be ‘a voluntary and indisputable acceptance of the Court’s jurisdictio…

Cite this page
Malcolm N. Shaw, “Tacit Consent”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 17 February 2019 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0187>
First published online: 2017
First print edition: 20161001

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