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23 Non­Appearance

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Chapter Summary

The failure or refusal of one party to appear before the Court or to defend its case is the subject of Article 53 of the Statute. The first instance of non-appearance in the present Court occurred in the final phase of the Corfu Channel case. The Court had established its jurisdiction to determine compensation in the proceedings on the merits, and that had the force of res judicata. The rule of jurisdiction to indicate provisional measures, that the applicant must show that prime facie the Court has jurisdiction over the merits of the claim, is not compatible with the firm requirement of Article 53 that the Court must establish its jurisdiction in accordance with Articles 36 or 37 of the Statute. The repeated instances of non-appearance raised concern in international legal circles and the Institute of International Law decided to undertake an examination of this development.

Keywords: Corfu Channel case; International Court; International Law; jurisdiction; non-appearance



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