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The Matter Of Compétence

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Chapter Summary

Admissibility of applications must be distinguished from questions relating to compétence (competence). In a given case a tribunal may have compétence to proceed with the merits, but may not be able to do so because of defects in or connected with the application which render it inadmissible (irrecevable). A claim's inadmissibility depends on the grounds, which may vary from case to case and which are available, for declaring the claim inadmissible. A significant feature of objections to admissibility is that they may be waived or the right to raise them be forfeited for various reasons. Thus, an examination of the merits may validly take place in certain circumstances, even if there were obstacles to admissibility. The principles of estoppel and good faith may operate to exclude objections to admissibility, including those based on the application of the rule of local remedies.

Keywords:compétence; estoppel; good faith; inadmissibility



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