Forum Prorogatum before the International Court of Justice: The Djibouti v. France Case (2008)
One of the aspects of international law for peaceful settlement of legal disputes is the consent of parties to the jurisdiction of international court of justice (ICJ). In this regard, the way this consent will be presented, is not important. By taking into account of this rule and jurisprudence of...
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2012-01-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
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| Online Access: | https://qjpl.atu.ac.ir/article_2342_cb028be251efec65592a90347affd26c.pdf |
| Summary: | One of the aspects of international law for peaceful settlement of legal
disputes is the consent of parties to the jurisdiction of international court
of justice (ICJ). In this regard, the way this consent will be presented, is
not important. By taking into account of this rule and jurisprudence of ICJ
and short comings of statute of the court, there must be some other
jurisdictions which are beyond those ones anticipated in the statute of the
international court of justice (ICJ). For these reasons,there is another kind
of jurisdiction which is called "Forum Prorogatum",in rules of the court.
According to this kind of jurisdiction, the respondent can informimpliedly
or expressly the court about its consent.Even after,filing an application by
defendant in the registry of the court. It can be done impliedly by taking
an action or participation in hearing without any objections or explicitly
by sending a letter in this regard to the court. This kind of jurisdiction at
first applied by [PCIJ] in the case of Mavrommatis Palestine concessions
(Greece/ United Kingdom) and gradually finds its place in jurisprudence
of the court. In a way that nowadays becomes a usual way of filling an
application in registry of the court for exercising its jurisdiction. we will
consider the latest judgment of court in case concerning "Certain
Questions of Mutual Assistance in Criminal matters" (Djibouti /France) 4
June 2008 in this essay and discuss its challenges. |
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| ISSN: | 2345-6116 2476-6216 |