MIL5901
Assignment 2 2026
Unique number:
Due date: 15 September 2026
1. QUESTION 1: JURISDICTION AND ADMISSIBILITY IN
INTERNATIONAL LAW
1.1 Introduction
Jurisdiction and admissibility are preliminary questions that decide whether an
international tribunal may deal with a dispute before the merits are considered. 1
Jurisdiction asks whether the tribunal has legal authority over the parties, subject
matter and relevant period, while admissibility asks whether a claim already falling
within that authority is suitable for determination.1 This distinction matters because
an international court cannot create jurisdiction merely because a dispute is serious,
urgent or politically important.1 In my view, jurisdiction concerns the existence and
limits of judicial power, while admissibility concerns whether that existing power
should be exercised in the particular case. The prescribed material also separates
, 1. QUESTION 1: JURISDICTION AND ADMISSIBILITY IN INTERNATIONAL LAW
1.1 Introduction
Jurisdiction and admissibility are preliminary questions that decide whether an
international tribunal may deal with a dispute before the merits are considered.1
Jurisdiction asks whether the tribunal has legal authority over the parties, subject
matter and relevant period, while admissibility asks whether a claim already falling
within that authority is suitable for determination.2 This distinction matters because
an international court cannot create jurisdiction merely because a dispute is serious,
urgent or politically important.3 In my view, jurisdiction concerns the existence and
limits of judicial power, while admissibility concerns whether that existing power
should be exercised in the particular case. The prescribed material also separates
access, admissibility and jurisdiction as preliminary requirements, which supports
treating them as related but legally distinct enquiries.4
1.2 Jurisdiction as legal authority
International tribunals have limited jurisdiction because their authority comes from
founding instruments and, in contentious interstate cases, normally depends on state
consent.5 At the International Court of Justice, Article 36 of the Statute allows
consent through a special agreement, a treaty compromissory clause, or
declarations accepting compulsory jurisdiction under Article 36 paragraph 2.6 The
Mavrommatis Palestine Concessions decision also shows that a legal dispute must
exist before judicial settlement can properly occur between opposing parties. 7 In
Military and Paramilitary Activities in and against Nicaragua, the Court examined the
1
Hennie Strydom and others, International Law (Oxford University Press Southern Africa 2016) 179–
180.
2
Yuval Shany, Questions of Jurisdiction and Admissibility before International Courts (Cambridge
University Press 2016) 5–6.
3
Northern Cameroons (Cameroon v United Kingdom), Preliminary Objections, Judgment [1963] ICJ
Rep 15, 29–31.
4
Yuval Shany, 'Jurisdiction and Admissibility' in Cesare PR Romano, Karen J Alter and Yuval Shany
(eds), The Oxford Handbook of International Adjudication (OUP 2014) 779, 782–786.
5
Charter of the United Nations 1945 art 93; Statute of the International Court of Justice arts 34–36.
6
Statute of the International Court of Justice art 36.
7
Mavrommatis Palestine Concessions (Greece v United Kingdom) (Jurisdiction) PCIJ Rep Series A
No 2, 11.
Assignment 2 2026
Unique number:
Due date: 15 September 2026
1. QUESTION 1: JURISDICTION AND ADMISSIBILITY IN
INTERNATIONAL LAW
1.1 Introduction
Jurisdiction and admissibility are preliminary questions that decide whether an
international tribunal may deal with a dispute before the merits are considered. 1
Jurisdiction asks whether the tribunal has legal authority over the parties, subject
matter and relevant period, while admissibility asks whether a claim already falling
within that authority is suitable for determination.1 This distinction matters because
an international court cannot create jurisdiction merely because a dispute is serious,
urgent or politically important.1 In my view, jurisdiction concerns the existence and
limits of judicial power, while admissibility concerns whether that existing power
should be exercised in the particular case. The prescribed material also separates
, 1. QUESTION 1: JURISDICTION AND ADMISSIBILITY IN INTERNATIONAL LAW
1.1 Introduction
Jurisdiction and admissibility are preliminary questions that decide whether an
international tribunal may deal with a dispute before the merits are considered.1
Jurisdiction asks whether the tribunal has legal authority over the parties, subject
matter and relevant period, while admissibility asks whether a claim already falling
within that authority is suitable for determination.2 This distinction matters because
an international court cannot create jurisdiction merely because a dispute is serious,
urgent or politically important.3 In my view, jurisdiction concerns the existence and
limits of judicial power, while admissibility concerns whether that existing power
should be exercised in the particular case. The prescribed material also separates
access, admissibility and jurisdiction as preliminary requirements, which supports
treating them as related but legally distinct enquiries.4
1.2 Jurisdiction as legal authority
International tribunals have limited jurisdiction because their authority comes from
founding instruments and, in contentious interstate cases, normally depends on state
consent.5 At the International Court of Justice, Article 36 of the Statute allows
consent through a special agreement, a treaty compromissory clause, or
declarations accepting compulsory jurisdiction under Article 36 paragraph 2.6 The
Mavrommatis Palestine Concessions decision also shows that a legal dispute must
exist before judicial settlement can properly occur between opposing parties. 7 In
Military and Paramilitary Activities in and against Nicaragua, the Court examined the
1
Hennie Strydom and others, International Law (Oxford University Press Southern Africa 2016) 179–
180.
2
Yuval Shany, Questions of Jurisdiction and Admissibility before International Courts (Cambridge
University Press 2016) 5–6.
3
Northern Cameroons (Cameroon v United Kingdom), Preliminary Objections, Judgment [1963] ICJ
Rep 15, 29–31.
4
Yuval Shany, 'Jurisdiction and Admissibility' in Cesare PR Romano, Karen J Alter and Yuval Shany
(eds), The Oxford Handbook of International Adjudication (OUP 2014) 779, 782–786.
5
Charter of the United Nations 1945 art 93; Statute of the International Court of Justice arts 34–36.
6
Statute of the International Court of Justice art 36.
7
Mavrommatis Palestine Concessions (Greece v United Kingdom) (Jurisdiction) PCIJ Rep Series A
No 2, 11.
