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V Questions of Procedure, 1990–2011, Ch.III: Incidental Proceedings

From: The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence Volume II

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 16 May 2022

Subject(s):
Jurisdiction — International courts and tribunals, decisions — International courts and tribunals, procedure — Admissibility
The concept of ‘incidental proceedings’ in the work of the Court is reasonably clearly defined; there is no textual definition of the term, but it is used in the Court’s Rules as a heading to cover provisional measures, preliminary objections, counter-claims, intervention, ‘special reference to the Court’,169 and discontinuance.170 It is probably wider in scope than the term ‘incidental jurisdiction’; under this latter heading may be placed jurisdiction to deal with the ‘classes of disputes [that] are ancillary to a principal dispute and do not require any...
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