Chapter Seven. Incidental Jurisdiction: Intervention And Interim Measures

Abstract

A basic principle relevant to jurisdiction in relation to remedies is one that applies to international adjudication in general, namely that jurisdiction is consensual and depends basically on the agreement of the parties. Agreement in one form or another which is binding may define the scope of jurisdiction. There are two situations in which inherent jurisdiction may become relevant. First, in interpreting constitutive or jurisdictional instruments, tribunals may assume a jurisdiction by invoking a meaning which includes an implied jurisdiction, or by filling a gap in the express provisions by invoking its inherent jurisdiction. Secondly, where relevant instruments are silent on the question of remedies, the tribunal may, in effect, refer to its inherent jurisdiction, though often not in those terms. The non ultra petita principle is a recognized general principle of law. It has been referred to by the ICJ in connection with claims on the merits. Keywords:international adjudication; jurisdiction; tribunals