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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Judicial Propriety: International Adjudication

Alina Kaczorowska-Ireland

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

General principles of international law — Advisory opinions — Preliminary objections

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 The concept of judicial propriety concerns a situation where an international court, in order to remain true to its judicial function, is prevented from proceeding to the merits of a case, even though it has jurisdiction to do this, because of the circumstances surrounding the case. These circumstances cannot be defined in advance. Accordingly, the concept of judicial propriety relates to preliminary issues or preliminary objections which an international court should either examine proprio motu, or at the request of a person or entity which has locus standi to...
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