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The Temporal Jurisdiction of International Tribunals by Gallus, Nick (4th May 2017)

2 Temporal Jurisdiction over Acts Outside the Period that the Obligation Allegedly Breached is in Force

From: The Temporal Jurisdiction of International Tribunals

Nick Gallus

Subject(s):
Arbitrability — Time limitations (and jurisdiction) — International courts and tribunals, powers — International courts and tribunals, procedure — Arbitral agreements

This chapter considers what powers tribunals have over acts before the entry into force of the obligation that is alleged to be breached. While few states have expressly addressed this issue when conferring jurisdiction on a tribunal, the chapter explains that tribunals have broadly agreed that general principles of law, and possibly customary international law, prevent them from finding a breach of an obligation through an act before the obligation entered into force unless they have been directed otherwise.

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