The previous article on this subject766 departed, for the reasons there indicated, from the pattern set by Sir Gerald Fitzmaurice in his treatment of the subject.766 The case-law of the Court over the period since the publication of that earlier article has centred round issues rather different from those treated either by Sir Gerald or in the last article; to preserve the analytical structure of that article would therefore involve some Procrustean re-arrangements, and leave a number of sections with no more than a title and a note that no recent decision has any...
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