PREAMBLE THE CONTRACTING PARTIES, RECOGNISING that the marine environment and the fauna and flora which it supports are of vital importance to all nations; RECOGNISING the inherent worth of the marine environment of the North-East…
283 states “exchange of views”
Article 283 Obligation to exchange views 1. When a dispute arises between States Parties concerning the interpretation or application of this Convention, the parties to the dispute shall proceed expeditiously to an exchange of views…
31 11
Article 30 1. A request for the formation of a special chamber to deal with a particular dispute, as provided for in article 15, paragraph 2, of the Statute, shall be made within two months…
39 13
Article 37 1. The Deputy Registrar shall assist the Registrar, act as Registrar in the latter's absence and, in the event of the office becoming vacant, exercise the functions of Registrar until the office has…
42 (1) institutes a distinction between objections on jurisdiction and competence
Section 3 Powers and Functions of the Tribunal Article 41 (1) The Tribunal shall be the judge of its own competence. (2) Any objection by a party to the dispute that that dispute is not…
a Corte Internacional de Justiça se pronunciou no seguintes termos, em 20/12/1988, invocando um precedente da antecessora Corte Permanente de Justiça Internacional, julgado em 26/7/1927
The Parties have devoted some argument to a question defined by them as that of the burden of proof: whether it is for Nicaragua to show the existence of jurisdiction for the Court to deal…
a Justiça Internacional sob o aspecto da Ciência do Direito
Discutimos a tríplice perspectiva pela qual a Justiça Internacional pode ser conceituada a intrincada definição de Justiça Internacional. Então, expusemos uma concepção vultar (de inteligência artificial) de Justiça Internacional como o ponto de partida para…
à luz do Artigo 36 (1)
Article 36 (1) The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions…
Admissibility, then, is the last objection to be regarded
However, in the judgment of March 21st, 1959, Interhandel Case (between Switzerland v. United States), ICJ, despite noting that the fourth preliminary objection on jurisdiction ought to be addressed before the third preliminary objection on…
Annex VII Arbitration Arts. 1 to 3
Article 1 Institution of proceedings Subject to the provisions of Part XV, any party to a dispute may submit the dispute to the arbitral procedure provided for in this Annex by written notification addressed to…