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9 Jurisdiction and Admissibility: General Concepts

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Chapter Summary

The contentious jurisdiction of the Court is concerned with the decision on 'disputes'. The function of the Court is not necessarily limited to dealing with legal disputes according to some a priori definition. The function of the concept of dispute is to express in a legally discrete term the matter in connection with which the Court is empowered to make a judicial decision having final and binding force on the parties. In contentious cases before the International Court the distinction sometimes encountered in internal law between jurisdiction and competence as independent concepts is of little practical relevance. This chapter deals with the jurisdiction of the Court to determine the merits of a case, matter or dispute submitted to it and with jurisdiction over incidental proceedings in matters related to the proceedings on the merits.

Keywords: admissibility; international court; jurisdiction; legal disputes



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