Asked in International Law

Q: can a state provide that it can raise a preliminarily objection at a later stage (filed to icj)

.On 30th of November 2023, Bello filed its response to Sobo‘s application on

the merits, indicating that it reserves the right to raise any other objection on

preliminary issues at a later stage of the proceedings. assuming bello and sobo are a sovereign states

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James L. Arrasmith
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Answered
  • International Law Lawyer
  • Sacramento, CA

A: In international law and proceedings before the International Court of Justice (ICJ), it is generally acceptable for a state to reserve the right to raise preliminary objections at a later stage. This practice is recognized, and it allows states to address certain legal issues and objections as the case progresses.

In your scenario, where Bello has filed its response to Sobo's application on the merits and indicated its intention to reserve the right to raise other preliminary objections later, this is in line with customary international law and ICJ procedures. Sovereign states often use this approach to keep their legal options open while focusing initially on the substantive issues of the case.

However, it's important to note that the specific rules and procedures for raising preliminary objections may vary depending on the ICJ's rules and the parties involved. It's advisable for both parties to follow the ICJ's procedural rules and consult with legal experts to ensure that their actions align with international legal standards.

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