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10 Qualification to Be a Party in a Case: Jurisdiction Ratione Personae

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Chapter Summary

This chapter addresses the primary element in the Court's jurisdiction to determine any case, the Court's personal jurisdiction. The Court's jurisdiction ratione materiae follows from the interpretation and application of the title of jurisdiction in relation to the dispute before the Court. There are two distinct conditions for jurisdiction ratione personae. The first is that only States have access to the Court in a contentious case, in any capacity - as principals in litigation, as potential interveners, or for any other purpose. The second is that all the States concerned have given their consent to the exercise by the Court of jurisdiction in the particular case. Statehood is the essential prerequisite for any entity to be a party in any contentious case in the Court, and that precedes the consent that the Court should decide the particular case.

Keywords: international court; jurisdiction; ratione materiae

10.1163/ej.9789004139589.i-1892.23
/content/books/10.1163/ej.9789004139589.i-1892.23
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