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The International Court of Justice - An Arbitral Tribunal or a Judicial Body? (Hardcover, 2014 ed.)
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The International Court of Justice - An Arbitral Tribunal or a Judicial Body? (Hardcover, 2014 ed.)
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The International Court of Justice is the principal judicial organ
of the United Nations, and epitomizes the very notion of
international judicial institution. Yet, it decides inter-State
disputes only with the parties' consent. This makes it more similar
to international arbitral tribunals than other international
courts. However, the permanent nature of the Court, the
predetermination of procedural rules by the Statute and the Rules
of Court, the public character of proceedings, the opportunity for
third States to intervene in a case under Articles 62 and 63 of the
Statute and the Court's role as the principal judicial organ of the
United Nations mark a structural difference between the ICJ and
non-institutionalized international arbitral tribunals. This book
analyses if and to what extent these features have influenced the
approach of the ICJ (and of the PCIJ before it) to its own judicial
function and have led it to depart from the principles established
in international arbitration.
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