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The International Court of Justice by Thirlway, Hugh

II The Jurisdiction and Powers of the Court, 4 Jurisdiction in Contentious Cases (I)

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: 31 March 2020

Subject(s):
Compulsory jurisdiction — Consent to jurisdiction — Jurisdiction — International courts and tribunals, powers

This chapter describes international jurisdiction in personam and jurisdiction in rem — jurisdiction in relation to a party or potential or alleged party to a dispute, and jurisdiction over the dispute itself. International jurisdiction in rem raises issues of a more general nature than jurisdiction in personam , and is examined first. It is after all with regard to jurisdiction in rem that the basic principle of international judicial jurisdiction operates most directly. The chapter then turns to a discussion of consent and the principle of compétence de la competence. Moreover, the application of the consent principle is further complicated as a result of the fact that the Court is a permanent institution. Jurisdiction is a function of the will of the body of States parties to the Charter and Statute, not of the will of the specific parties to a given dispute.

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