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1 - Jurisdiction

Published online by Cambridge University Press:  17 June 2021

Victor Stoica
Affiliation:
University of Bucharest
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Summary

Chapter 1 addresses the jurisdiction of the Court to grant remedies in situations in which states did not provide an instrument that would confer such powers to it. The competence of the Court to grant remedies, when agreements of states exist in this sense, is established and without controversy, especially because the principle of consent is applicable in these situations. However, the nature of its power to give judgment on the remedies of international law in cases in which its jurisdiction is derived from an agreement that does not include any provision in this respect merits a brief assessment, as without such competence the Court might not have the power to resolve the dispute in a final manner. This chapter analyses the case-law of the Permanent Court of International Justice and of the International Court of Justice in order to determine whether the Court has addressed this issue and the justifications for which it has concluded that it has such competence.

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Publisher: Cambridge University Press
Print publication year: 2021

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  • Jurisdiction
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.004
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  • Jurisdiction
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Jurisdiction
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.004
Available formats
×