@article{2021:eichberger:give_a_cou,
title = {Give a Court an Inch and It Will Take a Yard? The Exercise of Jurisdiction over Incidental Issues},
year = {2021},
note = {This article seeks to clarify how international courts and tribunals
should decide whether to exercise jurisdiction over incidental issues.
It considers such issues incidental, which would fall outside the
subject-matter jurisdiction of an international court or tribunal if
submitted separately, but which courts rule upon to resolve disputes
falling within their jurisdiction. International courts and tribunals
have employed diverse approaches to decide whether to exercise
jurisdiction over incidental issues. This contribution will assess
their decisions to distil what criteria are best suited to ensure the
effectiveness of the underlying treaty while taking into account the
fundamental importance of state consent for judicial dispute
settlement. It concludes that the necessity to exercise jurisdiction
over the incidental issue and the nature of the issue should be the
guiding criteria for international courts and tribunals, while the
character of the jurisdictional basis may serve as supplementary
criterion.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {235--264},
author = {Eichberger, Fabian Simon},
volume = {81},
number = {1}
}