Contentious jurisdiction


Also found in: Legal, Wikipedia.
(Eng. Eccl. Law) jurisdiction over matters in controversy between parties, in contradistinction to voluntary jurisdiction, or that exercised upon matters not opposed or controverted.

See also: Contentious

Webster's Revised Unabridged Dictionary, published 1913 by G. & C. Merriam Co.
Mentioned in ?
References in periodicals archive ?
Advisory opinions also, in their way, contribute to the elucidation and development of international law and thereby to the strengthening of peaceful relations between States.' The ICJ has held that the lack of consent by a State to its contentious jurisdiction had no bearing on its advisory jurisdiction.
(34) The contentious jurisdiction of the African Court resembles that of the inter-American Court in that it permits African states and the African Commission to refer cases to the Court.
Instead of resolving a dispute (as they did in the exercise of their contentious jurisdiction), Roman tribunals and the European courts that received Roman law into their procedural codes acted in non-contentious jurisdiction to provide official recognition and approval of a desired change in status.
(12) Furthermore, state parties must consent to the contentious jurisdiction of the court before any state-to-state complaint may be heard.
If the State does not comply with the recommendations and has accepted the contentious jurisdiction of the Court, the Commission may submit the matter to the Court, (62) which has the power to issue legally binding orders to the State.
(24) Despite its discretionary power, the ICJ has not rejected an advisory opinion request based on objections from countries claiming that the advisory jurisdiction is being used to circumvent the ICJ not having contentious jurisdiction over the state.
She covers the advisory jurisdiction, the contentious jurisdiction, and provisional measures.
All existing international courts have contentious jurisdiction [18] only over disputes involving states that are parties to treaties providing for their jurisdiction.
The contentious jurisdiction(19) applies only to countries that have filed a document recognizing the Court's decisions as binding(20) or that have consented to jurisdiction in a particular case.(21) Under its contentious jurisdiction, the Court adjudicates conflicts related to alleged violations of the Convention by a state party to the Convention.(22) Cases may be brought only by states parties or by the Inter-American Commission; individuals have no standing.(23) In a contentious case, the Court has the ability to award compensatory damages.(24) It may also order provisional measures when a case is being processed by the Commission or is pending before the Court.(25)
Below, we demonstrate that the failure of the early federal courts to curb non-contentious proceedings resulted not from oversight or inadvertence but from an understanding shared by the Framers and the lawyers of the Founding generation that the "judicial power" conferred by Article III consists of two distinct dimensions: contentious jurisdiction and non-contentious jurisdiction.
Could a link to the ICJ's consent-based contentious jurisdiction address concerns regarding the consent of the alleged aggressor State, at least in an indirect way?