This examination of the jurisdiction of international courts and
the admissibility of cases before them analyses jurisdictional and
admissibility rules in light of the roles assumed by international
courts in international life and in light of the roles that
jurisdictional and admissibility rules play in promoting the
effectiveness and legitimacy of international courts. The theory
pursued views jurisdiction as a form of delegation of power (the
power to exercise judicial power and decide the law) and regards
admissibility as a framework for deciding upon the propriety of
exercising such power. On the basis of this theoretical framework,
the author critically evaluates the exercise of judicial discretion
in the existing case law of a variety of international courts,
distinguishing between the category-based case selection implicit
in jurisdictional rules and the case-by-case analysis and selection
implicit in rules on admissibility.
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