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11 - Settling a Dispute

The Scope of the International Jurisdictional Function

from Part IV - Post-hearing and Effect of Decisions

Published online by Cambridge University Press:  18 November 2021

Eric De Brabandere
Affiliation:
Universiteit Leiden
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Summary

In international law, the traditional postulate of the jurisdictional function is that it covers only the adjudicative phase; the post-adjudicative phase belonging to the realm of politics. This chapter rejects this premise and attempts to deconstruct it in the light of the purpose of jurisdictional remedy. It follows that recourse to jurisdictional mechanisms is intended to bring disputes to a definitive end. This chapter then draws the consequences for the jurisdictional function.

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Publisher: Cambridge University Press
Print publication year: 2021

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