UNIVERSITY OF SOUTH AFRICA
College of Law
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
MIL5901: International Law
Assignment 2 | 2026
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
MIL5901
Module Code:
International Law
Module Name:
Jurisdiction and Admissibility in Interna-
Essay Topic: tional Law; TWAIL, Climate Change and
Environmental Justice in the Global South
Assignment 2
Assignment Number:
15 September 2026
Due Date:
Submitted in partial fulfilment of the requirements for International Law, UNISA 2026
, UNISA | MIL5901 Jurisdiction, Admissibility & TWAIL
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 deter-
mination.2 This distinction matters because an international court cannot create jurisdiction
merely because a dispute is serious, urgent or politically important. 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.3
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.4 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 2.5 The Mavrommatis Palestine Concessions decision also shows
that a legal dispute must exist before judicial settlement can properly occur between oppos-
ing parties.6 In Military and Paramilitary Activities in and against Nicaragua, the Court exam-
ined the sources of its jurisdiction, namely the optional clause declarations of the parties and
a bilateral treaty of friendship, before it would even consider the substance of the alleged use
of force.7 That sequencing illustrates a settled feature of international adjudication: jurisdic-
tion is assessed first, as of the date the proceedings are instituted, and independently of how
1
Malcolm N Shaw, International Law (9th edn, CUP 2021) 792.
2
James Crawford, Brownlie’s Principles of Public International Law (9th edn, OUP 2019) 715.
3
University of South Africa, MIL5901 International Law Study Guide (UNISA 2026) 34.
4
August Reinisch, ‘Jurisdiction and Admissibility in International Investment Law’ in Contemporary Issues in
International Arbitration and Mediation (Brill Nijhoff 2015) 1–3.
5
Statute of the International Court of Justice (annexed to the Charter of the United Nations, 1945) art 36.
6
Mavrommatis Palestine Concessions (Greece v United Kingdom) (Jurisdiction) PCIJ Series A No 2 (1924)
11–12.
7
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America) (Jurisdic-
tion and Admissibility) [1984] ICJ Rep 392, 411–427.
Page 2 of 13
College of Law
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
MIL5901: International Law
Assignment 2 | 2026
⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄ ⋄⋄
MIL5901
Module Code:
International Law
Module Name:
Jurisdiction and Admissibility in Interna-
Essay Topic: tional Law; TWAIL, Climate Change and
Environmental Justice in the Global South
Assignment 2
Assignment Number:
15 September 2026
Due Date:
Submitted in partial fulfilment of the requirements for International Law, UNISA 2026
, UNISA | MIL5901 Jurisdiction, Admissibility & TWAIL
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 deter-
mination.2 This distinction matters because an international court cannot create jurisdiction
merely because a dispute is serious, urgent or politically important. 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.3
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.4 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 2.5 The Mavrommatis Palestine Concessions decision also shows
that a legal dispute must exist before judicial settlement can properly occur between oppos-
ing parties.6 In Military and Paramilitary Activities in and against Nicaragua, the Court exam-
ined the sources of its jurisdiction, namely the optional clause declarations of the parties and
a bilateral treaty of friendship, before it would even consider the substance of the alleged use
of force.7 That sequencing illustrates a settled feature of international adjudication: jurisdic-
tion is assessed first, as of the date the proceedings are instituted, and independently of how
1
Malcolm N Shaw, International Law (9th edn, CUP 2021) 792.
2
James Crawford, Brownlie’s Principles of Public International Law (9th edn, OUP 2019) 715.
3
University of South Africa, MIL5901 International Law Study Guide (UNISA 2026) 34.
4
August Reinisch, ‘Jurisdiction and Admissibility in International Investment Law’ in Contemporary Issues in
International Arbitration and Mediation (Brill Nijhoff 2015) 1–3.
5
Statute of the International Court of Justice (annexed to the Charter of the United Nations, 1945) art 36.
6
Mavrommatis Palestine Concessions (Greece v United Kingdom) (Jurisdiction) PCIJ Series A No 2 (1924)
11–12.
7
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America) (Jurisdic-
tion and Admissibility) [1984] ICJ Rep 392, 411–427.
Page 2 of 13
