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Incidental Proceedings Series: Preliminary Objections

This is the latest in a series of panels sponsored by the International Courts and Tribunals Interest Group on incidental proceedings. Preliminary objections are one of the most common types of incidental proceedings before international courts and tribunals. Despite the ubiquity of preliminary objections, courts and tribunals take different approaches to handling such proceedings. This panel aims to explore preliminary objections in the context of the recent trend toward disaggregation of international disputes, i.e., breaking down disputes into multiple legal claims based on different sources of law, often before different international courts and tribunals, based on jurisdictional considerations. Panelists will discuss (1) the benefits and drawbacks of using disaggregation as a strategy to defeat preliminary objections; (2) the distinction between jurisdiction and admissibility; (3) the use of compromissory clauses in treaties to bring specific aspects of disputes within the jurisdiction of international courts and tribunals; and (4) how regional human rights courts have addressed the disaggregation of disputes. Panelists: Lawrence Hill-Cawthorne, Professor of Public International Law, University of Bristol Raphael Kok Chi Ren, Partner, Lim Chee Wee Partnership Callista Harris, Barrister, 7 Wentworth Selborne Claudia Martin, Co-Director, Academy of Human Rights and Humanitarian Law, American University Washington College of Law Craig Gaver (moderator), Counsel, Bluestone, P.C.