Jurisdiction as to the Jurisdiction
(2,378 words)

paragraph 215 in volume 2, chapter 13, Matters of Jurisdiction

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The fundamental principle of international law governing all these aspects is that an international tribunal is master of its own jurisdiction. This is sometimes known as the compétence de la compétence, or Kompetenz-Kompetenz and occasionally in English as competence-competence.1 For the International Court, Article 36, paragraph 6, of the Statute formulates this principle in positive terms. It is a pivotal provision. It ensures that whenever the title of jurisdictio…

Cite this page
Malcolm N. Shaw, “Jurisdiction as to the Jurisdiction”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 18 February 2019 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0215>
First published online: 2017
First print edition: 20161001

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