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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Forum Prorogatum

Yaël Ronen

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Subject(s):
International courts and tribunals, procedure — Consent to jurisdiction

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 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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