ABSTRACT
This chapter considers the role state interests play in the resolution of international jurisdictional disputes. Judicial jurisdiction, in Australian law, is composed of two inquiries. First, does the court regard itself as competent to hear and determine the dispute? I refer to this as the ‘existence’ of jurisdiction. Second, assuming the first requirement to be satisfied, will the court in the exercise of its discretion decline to hear the dispute? I refer to this as the ‘exercise’ of jurisdiction. It is difficult to refute the proposition that jurisdiction, which determines the extent of state authority and when it ought to be exercised in the context of international litigation, fundamentally involves problems of state interest. Remarkably, in international litigation it is rare to find an express acknowledgement of this fact. It is more likely – although still rare – to find judges expressly disavowing the relevance of state interests.
