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justiciability

This term ‘has acquired popularity with politicians as well as with lawyers. It is, however, used ambiguously to designate the suitability of a dispute for settlement, both as to law ... ...

justiciability

justiciability   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
292 words

...by adjudication. The distinction between ‘legal’ and ‘political’ disputes, or ‘justiciable’ and ‘non-justiciable’ disputes, finds recognition and application in a number of treaties. Thus, e.g., the arbitration treaty between the United Kingdom and France of 1903 , renewed in 1923 ( 20 L.N.T.S. 185 ), excluded disputes which affect ‘the vital interests, the independence, or the honour of the two contracting parties’. Art. 36(2) of the I.C.J. Statute restricts the application of declarations under the Optional Clause to specified categories of...

justiciability

justiciability  

Reference type:
Overview Page
This term ‘has acquired popularity with politicians as well as with lawyers. It is, however, used ambiguously to designate the suitability of a dispute for settlement, both as to law ...
dispute

dispute   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
368 words

...that some disputes are justiciable and others are non-justiciable, but ‘probably today most writers would regard it as depending upon the attitude of the parties: if, whatever the subject matter of the dispute may be, what the parties seek is their legal rights, the dispute is justiciable: if, on the other hand, one of them at least is not content to demand its legal rights, but demands the satisfaction of some interest of its own even though this may require a change in the existing legal situation, the dispute is non-justiciable’: Brierly, The Law of...

legal disputes

legal disputes   Reference library

Encyclopaedic Dictionary of International Law (3 ed.)

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, International Law
Length:
124 words

...the category of controversies potentially within the compulsory jurisdiction of the Court as ‘all legal disputes’. As to ‘the question whether the term “legal” is in this context descriptive or qualifying’, see Lauterpacht , supra , Part 18 and the works there cited. See justiciability...

legal disputes

legal disputes  

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Overview Page
The precise dichotomy between legal and (semble) political disputes, though it of course is no more than a particular formulation of the doctrine of the inherent limitations of the judicial ...
advisory Opinions

advisory Opinions  

Reference type:
Overview Page
‘The [International] Court [of Justice] may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter ...

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