Incidental Questions as a Gatekeeping Doctrine
نویسندگان
چکیده
In this essay, I discuss whether and to what extent the framing of main dispute incidental questions can have a gatekeeping function in relation jurisdiction applicable law settlement body. Recent cases attached critical importance identification “real” object dispute, “characterization” claims then determine which issues are rather than focusing on within tribunal's ratione materiae jurisdiction. Through an examination selected case law, argue that “characterization approach” could effect elevate subjective “main” jurisdictional gatekeeper. This approach introduces unnecessary evaluative determinations while obscuring normative clarity regarding limits consent-based its relationship incidentally law.
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ژورنال
عنوان ژورنال: AJIL unbound
سال: 2022
ISSN: ['2398-7723']
DOI: https://doi.org/10.1017/aju.2022.27