Preliminary Objections in the Bosnia and Herzegovina v Yugoslavia Case

Shreya GUPTA*

Bharucha & Partners

Abstract: The present paper seeks to address the issue of the preliminary objections raised in the Bosnia and Herzegovina v. Yugoslavia case. The paper engages in a presentation of the procedural issues raised by the respondent State and the manner in which the ICJ has dealt which each of these contentions. Further, the paper provides a critique of some of the aspects which arise from the Court’s Judgment, as well as the legal implications of its findings.

Key-words: International Court of Justice, preliminary objections, jurisdiction, access

*LLM, Bharucha & Partners, Mumbai, India, Mrs. Gupta is an Indian lawyer specialized in litigation and arbitration. Mrs. Gupta has a background in international law and dispute settlement and is a graduate of the Master in International Dispute Settlement (MIDS) in Geneva, Switzerland. The opinions expressed in this paper are solely the author’s and do not engage the institution she belongs to.

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