Допустимост на иска в производството пред Международния съд на ООН
The Admissibility of Application in the Proceedings before the United Nations’ International Court of Justice

Summary/Abstract: The judicial proceedings at the United Nations International Court of Justice are instituted by an application that any state may lodge against another state, as regards to a legal dispute among such states. Like in any judicial proceedings in the International Court of Justice proceedings also exists the requirement that the application must be admissible, in order the relevant case to be dealt with. An inadmissible application terminates the proceedings. That is why the UN Court of Justice is obligated to consider the admissibility of any application, either on initiative of any of the parties to the case or on its own initiative. The Court of Justice makes such a review examining whether before lodging of the application specified conditions have been met, required with a view to instituting of the particular proceedings. By their legal nature, the conditions of admissibility of the application are prerequisites, determining the judicial proceedings at the International Court of Justice, i.e. procedural prerequisites. As such procedural prerequisites, the conditions of admissibility of the application have deferring legal effect — if not met, these conditions do not deprive the UN Court of Justice from the possibility of adjudicating the lawsuit at all, but it is obligated to wait in the course of time for the realization of these conditions, in order to bring the case to a conclusion.

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