PreprintCC BY 4.0Zenodo
Must They First Talk? Prior Negotiation as a Condition of Seising the International Court of Justice
- 1The Scholarly Nexus
Abstract
Chapter 3 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.
On 1 April 2011 the International Court of Justice dismissed an Application solely because the applicant State had not first negotiated. Georgia v. Russian Federation converted treaty phrases about negotiation into a two-stage condition of seisin: a genuine attempt to engage the respondent, and the failure, futility or deadlock of that attempt by the date of filing.
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BibTeX
@misc{bukhari2026must,
title = {{Must They First Talk? Prior Negotiation as a Condition of Seising the International Court of Justice}},
author = {S.S. Bukhari},
howpublished = {Zenodo},
year = {2026},
month = oct,
doi = {10.5281/zenodo.23474804},
url = {https://zenodo.org/records/23474804},
note = {CC BY 4.0},
}
RIS
TY - UNPB
TI - Must They First Talk? Prior Negotiation as a Condition of Seising the International Court of Justice
AU - S.S. Bukhari
PY - 2026
DA - 2026/10/19
PB - Zenodo
DO - 10.5281/zenodo.23474804
UR - https://zenodo.org/records/23474804
AB - Chapter 3 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. On 1 April 2011 the International Court of Justice dismissed an Application solely because the applicant State had not first negotiated. Georgia v. Russian Federation converted treaty phrases about negotiation into a two-stage condition of seisin: a genuine attempt to engage the respondent, and the failure, futility or deadlock of that attempt by the date of filing.
ER -