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Preliminary Issues Posed by the Doctrine of Forum Prorogatum and the Case of Djibouti v. France

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AbstractBeing the first case ever where the International Court of Justice decided on the merits of a dispute brought before it by an application based on Article 38(5) of the Rules of Court, the relatively recent judgment of the Court in the case of Djibouti v. France warrants some careful analysis for its method of ascertaining the extent of consent to the Court’s jurisdiction, as well as for its wider impact on the doctrine of forum prorogatum. This article will first trace the evolution of forum prorogatum in international jurisprudence as a rather liberal way of establishing consent to jurisdiction and document the current state of the doctrine’s acceptance in contemporary international judicial mechanisms. Second, this article shall examine the particularities of forum prorogatum in Article 38(5) of the Rules of Court and shall try to shed some light to the very interesting judgment of the Court in Djibouti v. France.

Affiliations: 1: University of AthensAthensGreece


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