Questions of Jurisdiction and Admissibility before International Courts

Yuval Shany

doi:10.1017/CBO9781139839525

This examination of the jurisdiction of international courts and the admissibility of cases before them analyses jurisdictional and admissibility rules in light of the roles assumed by international courts in international life and in light of the roles that jurisdictional and admissibility rules play in promoting the effectiveness and legitimacy of international courts. The theory pursued views jurisdiction as a form of delegation of power (the power to exercise judicial power and decide the law) and regards admissibility as a framework for deciding upon the propriety of exercising such power. On the basis of this theoretical framework, the author critically evaluates the exercise of judicial discretion in the existing case law of a variety of international courts, distinguishing between the category-based case selection implicit in jurisdictional rules and the case-by-case analysis and selection implicit in rules on admissibility.

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Contents

Questions of Jurisdiction and Admissibility before International Courts
pp i-i
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Recent books in the Hersch Lauterpacht Memorial Lecture Series - Series page
pp ii-ii
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Questions of Jurisdiction and Admissibility before International Courts - Title page
pp iii-iii
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Copyright page
pp iv-iv
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Contents
pp v-viii
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Preface
pp ix-x
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Introduction
pp 1-4
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Part I - The concept of jurisdiction and admissibility in international adjudication
pp 5-60
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1 - Jurisdiction as a policy tool
pp 7-21
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2 - Jurisdiction as delegated authority
pp 22-36
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3 - Jurisdiction as a power constraint on international courts
pp 37-46
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4 - The role of admissibility in the exercise of judicial power
pp 47-53
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5 - The conflicting considerations governing the review of jurisdiction and admissibility
pp 54-60
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Part II - Jurisdictional decisions of international courts
pp 61-126
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6 - Jurisdictionin abstractoandin concreto
pp 63-83
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7 - Distinguishing jurisdiction from substantive law
pp 84-101
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8 - International court decisions on jurisdiction as a form of category-based case selection
pp 102-113
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9 - Individual case-by-case selection
pp 114-126
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Part III - Questions of admissibility before international courts
pp 127-163
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10 - The taxonomical challenge
pp 129-147
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11 - Admissibility as a policy tool
pp 148-163
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Conclusions
pp 164-166
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Author index
pp 167-168
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Subject index
pp 169-174
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Contents

Questions of Jurisdiction and Admissibility before International Courts
pp i-i

Recent books in the Hersch Lauterpacht Memorial Lecture Series - Series page
pp ii-ii

Questions of Jurisdiction and Admissibility before International Courts - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-viii

Preface
pp ix-x

Introduction
pp 1-4

Part I - The concept of jurisdiction and admissibility in international adjudication
pp 5-60

1 - Jurisdiction as a policy tool
pp 7-21

2 - Jurisdiction as delegated authority
pp 22-36

3 - Jurisdiction as a power constraint on international courts
pp 37-46

4 - The role of admissibility in the exercise of judicial power
pp 47-53

5 - The conflicting considerations governing the review of jurisdiction and admissibility
pp 54-60

Part II - Jurisdictional decisions of international courts
pp 61-126

6 - Jurisdictionin abstractoandin concreto
pp 63-83

7 - Distinguishing jurisdiction from substantive law
pp 84-101

8 - International court decisions on jurisdiction as a form of category-based case selection
pp 102-113

9 - Individual case-by-case selection
pp 114-126

Part III - Questions of admissibility before international courts
pp 127-163

10 - The taxonomical challenge
pp 129-147

11 - Admissibility as a policy tool
pp 148-163

Conclusions
pp 164-166

Author index
pp 167-168

Subject index
pp 169-174

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