Give a Court an Inch and It Will Take a Yard? The Exercise of Jurisdiction over Incidental Issues
Journal: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law
Year: 2021

This article seeks to clarify how international courts and tribunals should decide whether to exercise jurisdiction over incidental issues. It considers such issues incidental, which would fall outside the subject-matter jurisdiction of an international court or tribunal if submitted separately, but which courts rule upon to resolve disputes falling within their jurisdiction. International courts and tribunals have employed diverse approaches to decide whether to exercise jurisdiction over incid