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II The Jurisdiction and Powers of the Court, 5 Jurisdiction in Contentious Cases (II)

From: The International Court of Justice

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 25 January 2021

Compulsory jurisdiction — Consent to jurisdiction — Consent to jurisdiction through treaties — Jurisdiction — International courts and tribunals, powers

This chapter continues the previous chapter’s discussion on jurisdiction. It first outlines some methods of creating jurisdiction: special agreements, treaties, and compromissory clauses; the ‘optional clause’ system; and forum prorogatum. The chapter then turns to the issues surrounding the existence of a dispute as a condition of jurisdiction, before turning to instances wherein the Court has obtained jurisdiction to entertain a particular case, as well as the duty of the Court to exercise its jurisdiction. Finally, the chapter examines the precise nature and extent of the powers vested in the Court, particularly those that are not specifically stated in the governing texts. The Court’s ‘inherent jurisdiction’ is also explained here in more detail.

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