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IV Questions of Jurisdiction and Competence, Ch.I: Jurisdiction in Contentious Cases

From: The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence Volume II

Hugh Thirlway

Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
21 February 2013
ISBN:
9780199673384

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 March 2023

Subject(s):
Jurisdiction — Admissibility — Standing — Universal international organizations
In the earlier article on this subject, the distinction drawn by Fitzmaurice between the terms ‘jurisdiction’ and ‘competence’ was examined, but for the reasons there given, it was indicated that that distinction would not be pursued, the two terms being treated as effectively synonymous.1 None of the Court decisions given in the intervening period has made it necessary to open the question. In that article, the opportunity was taken to examine ‘the significance of a contention or a finding that the Court has jurisdiction in a particular case’, and it was...
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