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PreprintCC BY 4.0Zenodo

The Discipline of the Threshold: What May — and May Not — Be Decided at the Jurisdictional Stage before the International Court of Justice

  1. 1The Scholarly Nexus

Abstract

Chapter 5 of 20 — part of a research treatise in public international law by S.S.Bukhari (The Scholarly Nexus, October 2026), examining ICJ jurisdiction and procedure, expropriation and investment protection, targeted sanctions, the law of the sea, refugee protection, and the formation of customary international law.

Every judgment on preliminary objections performs two operations at once: it opens a door and it declines, for the moment, to walk through it. This article examines what the Court may decide at the jurisdictional stage, what it must defer, and what it may never do there.

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BibTeX
@misc{bukhari2026discipline,
  title = {{The Discipline of the Threshold: What May — and May Not — Be Decided at the Jurisdictional Stage before the International Court of Justice}},
  author = {S.S. Bukhari},
  howpublished = {Zenodo},
  year = {2026},
  month = oct,
  doi = {10.5281/zenodo.23474939},
  url = {https://zenodo.org/records/23474939},
  note = {CC BY 4.0},
}
RIS
TY  - UNPB
TI  - The Discipline of the Threshold: What May — and May Not — Be Decided at the Jurisdictional Stage before the International Court of Justice
AU  - S.S. Bukhari
PY  - 2026
DA  - 2026/10/19
PB  - Zenodo
DO  - 10.5281/zenodo.23474939
UR  - https://zenodo.org/records/23474939
AB  - Chapter 5 of 20 — part of a research treatise in public international law by S.S.Bukhari (The Scholarly Nexus, October 2026), examining ICJ jurisdiction and procedure, expropriation and investment protection, targeted sanctions, the law of the sea, refugee protection, and the formation of customary international law.  Every judgment on preliminary objections performs two operations at once: it opens a door and it declines, for the moment, to walk through it. This article examines what the Court may decide at the jurisdictional stage, what it must defer, and what it may never do there.
ER  -