Discretion Based on the Court’S Status as a Principal Organ
(2,896 words)

paragraph 248 in volume 2, chapter 15, Advisory Jurisdiction

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The second principle regarding the consequences on the advisory jurisdiction of the Court’s discretion deriving from its status as a principal organ (not ‘principal judicial organ’, as used in Article 92 of the Charter and Article 1 of the Statute) of the United Nations first appeared in the Peace Treaties opinion. Here the Court explained that its opinion, given to the requesting organ, ‘represents its [the Court’s] participation in the activities of the Organization, and, i…

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Malcolm N. Shaw, “Discretion Based on the Court’S Status as a Principal Organ”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 23 March 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0248>
First published online: 2017
First print edition: 20161001



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