, MIL5901
ASSIGNMENT 2 2026
DUE 15 SEPTEMBER 2026
Distinguishing Jurisdiction and Admissibility in International Law, and TWAIL Insights on Climate
Justice
Introduction
Before an international tribunal can adjudicate a dispute, it must clear two distinct procedural
hurdles: jurisdiction and admissibility. While often conflated, these concepts are fundamentally
different. Jurisdiction concerns the power of a court to hear a case, whereas admissibility concerns
the propriety of exercising that power in a specific instance.¹ This essay differentiates these two
concepts and explores how Third World Approaches to International Law (TWAIL) offers critical
insights into addressing climate change and environmental justice in the Global South.
Defining Jurisdiction: The Power to Adjudicate
Jurisdiction refers to the legal authority of a tribunal to exercise its judicial function over a
particular dispute. It is a prerequisite that must be satisfied before any examination of the merits
can occur. Yuval Shany conceptualises jurisdiction as a form of delegated power from States, acting
as a constraint on the authority of international courts.² In simpler terms, a court cannot act
beyond the mandate conferred upon it by its founding instrument.
The assessment of jurisdiction is a preliminary, objective inquiry. Typically, it is a category-based
form of case selection, where a court determines if the dispute falls within its predefined legal
parameters.³ These parameters commonly include:
Jurisdiction ratione materiae (subject-matter): Does the dispute concern a type of issue the
court is empowered to decide?
Jurisdiction ratione personae (personal): Are the parties before the court eligible and have they
consented to its jurisdiction?
Jurisdiction ratione temporis (temporal): Does the court have authority over events that
occurred within a specific timeframe?⁴
A successful objection to jurisdiction is fatal to the case, as it confirms the court lacks the
foundational power to proceed, thereby "terminat[ing] the affair once and for all".⁵
ASSIGNMENT 2 2026
DUE 15 SEPTEMBER 2026
Distinguishing Jurisdiction and Admissibility in International Law, and TWAIL Insights on Climate
Justice
Introduction
Before an international tribunal can adjudicate a dispute, it must clear two distinct procedural
hurdles: jurisdiction and admissibility. While often conflated, these concepts are fundamentally
different. Jurisdiction concerns the power of a court to hear a case, whereas admissibility concerns
the propriety of exercising that power in a specific instance.¹ This essay differentiates these two
concepts and explores how Third World Approaches to International Law (TWAIL) offers critical
insights into addressing climate change and environmental justice in the Global South.
Defining Jurisdiction: The Power to Adjudicate
Jurisdiction refers to the legal authority of a tribunal to exercise its judicial function over a
particular dispute. It is a prerequisite that must be satisfied before any examination of the merits
can occur. Yuval Shany conceptualises jurisdiction as a form of delegated power from States, acting
as a constraint on the authority of international courts.² In simpler terms, a court cannot act
beyond the mandate conferred upon it by its founding instrument.
The assessment of jurisdiction is a preliminary, objective inquiry. Typically, it is a category-based
form of case selection, where a court determines if the dispute falls within its predefined legal
parameters.³ These parameters commonly include:
Jurisdiction ratione materiae (subject-matter): Does the dispute concern a type of issue the
court is empowered to decide?
Jurisdiction ratione personae (personal): Are the parties before the court eligible and have they
consented to its jurisdiction?
Jurisdiction ratione temporis (temporal): Does the court have authority over events that
occurred within a specific timeframe?⁴
A successful objection to jurisdiction is fatal to the case, as it confirms the court lacks the
foundational power to proceed, thereby "terminat[ing] the affair once and for all".⁵
