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The International Court of Justice by Thirlway, Hugh

VI Incidental Proceedings, 14 Preliminary Objections

From: The International Court of Justice

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 January 2020

Subject(s):
Jurisdiction — Admissibility — Preliminary objections — Preliminary proceedings

This chapter describes the functions of preliminary objections. A preliminary objection is a formal step by which a respondent raises a question which it contends should be dealt with separately, before any other issue in the proceedings is examined. This is usually, perhaps indeed necessarily, on the basis that that question is preliminary in nature; and that as a result, its resolution (in the sense contended for by the party raising it) will make examination of the rest of the case unnecessary and inappropriate. These objections are a procedural means of challenging the existence of the Court’s jurisdiction in a particular case. Jurisdictional issues are however not the only matters which may be the subject of such objections: two other categories are generally recognized: objections to admissibility, and a catch-all category of ‘objections of a preliminary character’.

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