FORUM PROROGATUM BEFORE THE INTERNATIONAL COURT OF JUSTICE: THE DJIBOUTI V. FRANCE CASE (2008)

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ZAMANI S.GHASEM; KUSHA SOHEILA

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Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2013 | Volume:14 | Issue:38 Page(s): 163-192

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Information Journal Paper

Title

FORUM PROROGATUM BEFORE THE INTERNATIONAL COURT OF JUSTICE: THE DJIBOUTI V. FRANCE CASE (2008)

Author(s)

ZAMANI S.GHASEM | KUSHA SOHEILA | Issue Writer Certificate

Keywords

CONSENTQ2

JURISDICTIONQ2

INTERNATIONAL COURT OF JUSTICEQ2

PERMANENT COURT OF INTERNATIONAL JUSTICEQ2

FORUM PROROGATUMQ2

JURISPRUDENCEQ2

SOVEREIGNTYQ2

INTERNATIONAL COURTSQ2

Abstract

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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APA: Copy

ZAMANI, S.GHASEM, & KUSHA, SOHEILA. (2013). FORUM PROROGATUM BEFORE THE INTERNATIONAL COURT OF JUSTICE: THE DJIBOUTI V. FRANCE CASE (2008). JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 14(38), 163-192. SID. https://sid.ir/paper/225292/en

Vancouver: Copy

ZAMANI S.GHASEM, KUSHA SOHEILA. FORUM PROROGATUM BEFORE THE INTERNATIONAL COURT OF JUSTICE: THE DJIBOUTI V. FRANCE CASE (2008). JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2013;14(38):163-192. Available from: https://sid.ir/paper/225292/en

IEEE: Copy

S.GHASEM ZAMANI, and SOHEILA KUSHA, “FORUM PROROGATUM BEFORE THE INTERNATIONAL COURT OF JUSTICE: THE DJIBOUTI V. FRANCE CASE (2008),” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 14, no. 38, pp. 163–192, 2013, [Online]. Available: https://sid.ir/paper/225292/en

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