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V The Decision, 10 Form, Content, and Preparation of Decisions

From: The International Court of Justice

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 25 January 2021

Advisory opinions — Judgments — International courts and tribunals, procedure

This chapter details the form, content, and preparations of Court decisions. The decisions discussed therein may be judgments or advisory opinions; although in many respects, as regards their form and the process of their preparation, these do not differ. The Court also embodies its decisions for certain purposes in what are termed ‘Orders’: for the most part these are directed to comparatively minor matters, such as the fixing and prolongation of time-limits, although it also applies to a few special cases as is further elaborated. The chapter then proceeds to examine the theoretical concept of non liquet , the name given to a decision not to decide, before turning to a discussion on the deliberations of the Court and the drafting of a decision. Finally, the chapter presents some stipulations on the adoption of a decision by voting.

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