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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Applicable Law

Hayk Kupelyants, Michael Waibel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 May 2023

Subject(s):
Applicable law

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 When an international court or tribunal has jurisdiction over a dispute and the claims are admissible, one may be forgiven for thinking that all the court or tribunal has to do is to decide the dispute by applying the ‘applicable rules and principles of international law’, whatever these may be. However, the question of what rules and principles an international court or tribunal is bound to apply—the applicable law—is rarely straightforward, particularly for the great majority of international courts and tribunals with specialized rather than a general...
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