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date: 12 December 2019

Abstract and Keywords

This chapter traces the manner in which the Permanent Court of International Justice (PCIJ) and the Jurisprudence of the International Court of Justice (ICJ) have understood and applied notions of state jurisdiction in response to a variety of legal issues in international dispute settlement. These have notably included the so-called ‘reserved domain’ of domestic jurisdiction, which certain states have invoked in an effort to challenge the jurisdiction of an international court or tribunal or the admissibility of claims. They have also included the foundational question, invariably associated with the PCIJ’s judgment in the case concerning the SS Lotus, whether a state must invoke a permissive rule before it may lawfully territorial adjudicatory jurisdiction. Finally, these issues have involved international legal limitations on the exercise of such jurisdiction in the context of state immunity.

Keywords: international courts and tribunals, jurisdiction, statehood, jurisdiction of states, organs of states, relationship between international and domestic law, territoriality principle, League of Nations, Permanent Court of International Justice, International Court of Justice, settlement of disputes, immunity from jurisdiction, states

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