1 It is a fundamental principle of international law that no state can be compelled to submit its disputes to an international court or tribunal without its consent (Status of the Eastern Carelia (Advisory Opinion), 1923, 27; Eastern Carelia (Request for Advisory Opinion)). The jurisdiction of international courts and tribunals (International Courts and Tribunals, Jurisdiction and Admissibility of Inter-State Applications) in contentious cases is ordinarily based on the expression of consent prior to the institution of proceedings. Forum prorogatum is the notion...
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