Report no. 58/15 petition 348-09

Duplication of proceedings and international

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Duplication of proceedings and international res judicata

  1. Under Article 46.2.c) of the Convention, the admission of petitions is subject to the requirement that the matter “is not pending in another international proceeding for settlement,” and Article 47.d) of the Convention stipulates that the Commission shall not admit a petition that is substantially the same as one previously studied by the Commission or by another international organization. In the petition under consideration in this report, the parties have not asserted either of these two circumstances, nor are such circumstances evident from the case file.

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