Character of the Decision on Preliminary Objection
(1,958 words)

paragraph 231 in volume 2, chapter 13, Matters of Jurisdiction

previous paragraph

As seen, the view that the Court should be able to dispose of preliminary objections in proceedings which would not in any way prejudge the final outcome of the argument on the merits, was first propounded in the Mavrommatis Palestine Concessions case.1 This philosophy was the basis of the Permanent Court’s later approach to the problem, both in the drafting of the Rules and in deciding matters relating to its jurisdiction. However, the formula is an oversimplification, and in the German Interests in Poli…

Cite this page
Malcolm N. Shaw, “Character of the Decision on Preliminary Objection”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 23 October 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0231>
First published online: 2017
First print edition: 20161001



▲   Back to top   ▲