The Non-Exhaustive Character of Preliminary Objection Proceedings: Pleas in Bar
(2,328 words)

paragraph 229 in volume 2, chapter 13, Matters of Jurisdiction

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The cases illustrate the non-exhaustive character of preliminary objection proceedings, in the sense that whether or not matters of jurisdiction have been raised at the stage envis aged for preliminary objections, they may still be raised later, even by the Court proprio motu. The ‘non-exhaustive quality of the preliminary objection proceedings’ means that the party raising an objection does not exhaust its ability to try and bar a decision on the merits simply by inv…

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Malcolm N. Shaw, “The Non-Exhaustive Character of Preliminary Objection Proceedings: Pleas in Bar”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 29 March 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0229>
First published online: 2017
First print edition: 20161001



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