The Court’S Discretion
(1,108 words)

paragraph 246 in volume 2, chapter 15, Advisory Jurisdiction

previous paragraph

As stated, the Court cannot normally consider the discretionary aspect of the advisory competence until it is satisfied that it has jurisdiction to give a reply to the question put to it. It is otherwise when the Court raises the questions proprio motu.

It follows from the Statute, and has been emphasized in the case law, that the Court’s discretion is a double one. The permissive wording of Article 65 gives the Court a general discretion whether or not to answer the qu…

Cite this page
Malcolm N. Shaw, “The Court’S Discretion”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 17 February 2019 <>
First published online: 2017
First print edition: 20161001

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