In recent years, several jurists appointed as judges ad hoc have found it appropriate to comment in separate or dissenting opinions on the role of the judge ad hoc as a judicial institution. Such comments seem to have been inspired by a greater sensitivity to the incongruity (if that is not too strong a term) of the position of such a judge, which has been described as ‘contraire à la conception de la magistrature telle qu’elle est conçue depuis Montesquieu’.32 It has nonetheless shown itself to be a necessary element in the structure of international judicial...
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