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Prologue

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Chapter Summary

This is the introductory chapter of this book, which discusses general principles of jurisdiction of international tribunals derived from material relating to several standing courts and ad hoc tribunals. The book covers the jurisdiction of: (i) the World Court, i.e., the ICJ and PCIJ, (ii) the leading International Administrative Tribunals, (iii) the ECHR, (iv) ICSID tribunals, (v) the WTO Panels and Appellate Body, and (vi) the ITLOS. The jurisdictional requirements of these tribunals are special to criminal tribunals and are significantly different from those confronting the tribunals considered in the book which may be regarded as and compared to civil courts. Generally jurisdiction is derived from the Statute, instrument or Compromis which established the tribunal and any subsidiary instruments flowing from those sources. Those sources are dependent ultimately, and either directly or indirectly, upon the consent or agreement of states and inter-state organizations which are composed of states.

Keywords: advisory jurisdiction; contentious jurisdiction; inter-state organizations; international tribunals

10.1163/ej.9789004162389.i-574.6
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