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The existence of an international dispute is a condition for accepting a lawsuit before the International Court of Justice | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 18, Volume 14, Issue: 2 part 2, December 2024, Pages 460-488 PDF (800.36 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.153769.1359 | ||
| Authors | ||
| Heba Diaa Salah al-Din* ; Hadi Naeem al-Maliki | ||
| College of Law / University of Baghdad / Department of International Law | ||
| Abstract | ||
| It can be said that the existence of a dispute is a basic and necessary condition for the exercise of the international judicial function, and the issue of the existence of a dispute or not is a matter of fact that is subject to objective determination by the court that is considering it. It is not based on the claims of one of the parties, nor is it bound by them, and it is the only one competent to decide. Whether there is a dispute or not. Although the court has the final say on the issue of the existence of the dispute, this dispute must not be a mere difference of opinion. Rather, it must be a dispute resulting from a violation of the interests and legal relations of the parties, because the difference in viewpoints may remain theoretical for a short or long period and does not It results in a dispute that requires resorting to the judiciary to settle it . | ||
| Keywords | ||
| International dispute; International Court of Justice; international lawsuit; jurisdiction; admissibility | ||
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