TY  - GEN
AB  - Since Roman times, the lapse of time has entailed a legal effect. The present thesis focuses on a specific aspect of the lapse of time: the loss of a right to bring a claim before an international tribunal, known as extinctive prescription. The thesis provides a comprehensive analysis of extinctive prescription in international law, examining its application by international courts and tribunals, clarifying its status within international law sources as a general principle of law, and determining the constitutive elements that trigger its application. Moreover, specific issues that arise in practice when determining whether a claim is time-barred are addressed, such as the starting point, the suspension, and the interruption of the limitation period. The thesis contributes to the existing but outdated scholarship on the subject in international law, enhances our understanding of extinctive prescription and its role in international dispute settlement, and provides a foundation for a clearer application of the principle by international adjudicators.
AU  - Sarmiento, María Florencia
CN  - HEITH 1513
CY  - Geneva
DA  - 2024
DA  - 2024
ID  - 318921
KW  - Global Governance
KW  - Peace, War and Conflict
L1  - https://repository.graduateinstitute.ch/record/318921/files/PhD_Sarmiento_May2024.pdf
L2  - https://repository.graduateinstitute.ch/record/318921/files/PhD_Sarmiento_May2024.pdf
L4  - https://repository.graduateinstitute.ch/record/318921/files/PhD_Sarmiento_May2024.pdf
LK  - https://repository.graduateinstitute.ch/record/318921/files/PhD_Sarmiento_May2024.pdf
N2  - Since Roman times, the lapse of time has entailed a legal effect. The present thesis focuses on a specific aspect of the lapse of time: the loss of a right to bring a claim before an international tribunal, known as extinctive prescription. The thesis provides a comprehensive analysis of extinctive prescription in international law, examining its application by international courts and tribunals, clarifying its status within international law sources as a general principle of law, and determining the constitutive elements that trigger its application. Moreover, specific issues that arise in practice when determining whether a claim is time-barred are addressed, such as the starting point, the suspension, and the interruption of the limitation period. The thesis contributes to the existing but outdated scholarship on the subject in international law, enhances our understanding of extinctive prescription and its role in international dispute settlement, and provides a foundation for a clearer application of the principle by international adjudicators.
PB  - Graduate Institute of International and Development Studies
PP  - Geneva
PY  - 2024
PY  - 2024
T1  - Extinctive prescription in international law
TI  - Extinctive prescription in international law
UR  - https://repository.graduateinstitute.ch/record/318921/files/PhD_Sarmiento_May2024.pdf
Y1  - 2024
ER  -