ПРОВЕРКА НА ДОПУСТИМОСТТА НА ИСКА ПО ДЕЛО В МЕЖДУНАРОДНИЯ СЪД НА ООН

Abstract

Within the jurisprudence of the UN International Court of Justice the admissibility of the application instituting a case between two States is a prerequisite for reviewing further the merits of the case. This is why under any case brought before it, the Court is obliged to examine the admissibility of the application. The examination is conducted at the very beginning of the case in order that the Court assesses whether to proceed to entertain the subject matter of the case. This is why the admissibility is considered as a preliminary matter within the proceedings and this part thereof, which comprises its examination, is defined under the Rules of the Court as a „preliminary stage”. Thereupon the Court establishes if the Applicant State has satisfied the necessary preconditions for filing of the application while the Respondent State may raise preliminary objections against the application.