INCIDENTAL DETERMINATIONS IN PROCEEDINGS UNDER COMPROMISSORY CLAUSES

Abstract

AbstractA dispute brought before an international court or tribunal pursuant to a compromissory clause in a specific treaty may involve issues under rules of international law found outside of the treaty in question. In what circumstances can a court or tribunal determine such external issues? At present, there is no clear answer to this question. This article sets out a framework for how courts and tribunals exercising jurisdiction under compromissory clauses could approach external issues.