Chapter Two. The Permanent Court of International Justice and the International Court of Justice: Contentious jurisdiction

Abstract

The Permanent Court of International Justice (PCIJ) and International Court of Justice (ICJ) have on several occasions addressed the principle that the consent of the parties is the basis of their jurisdiction. The particular area where inherent jurisdiction of the World Court exists is discussed in this chapter. These areas are principally: (1) la competence de la competence-the jurisdiction of the tribunal to determine its own jurisdiction; (2) the incidental jurisdiction to order provisional or interim measures; (3) the jurisdiction in regard to interventions; (4) jurisdiction in regard to remedies; and (5) jurisdiction in regard to reopening a case. There are several contentious cases in which the competence de la competence has been exercised by the Court, where no objection has been raised to its exercise. The PCIJ has also dealt with the impact and meaning of the term dispute used in Article 60 of the Statute of the ICJ.Keywords: contentious jurisdiction; incidental jurisdiction; International Court of Justice (ICJ); la competence de la competence; Permanent Court of International Justice (PCIJ)