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III Contentious Proceedings, 7 Overview of Contentious Proceedings

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

Hearings — International courts and tribunals, procedure

This chapter provides an overview of contentious proceedings. It specifically lays out the procedure’s governing texts and terminology and definitions, as well as other concepts, such as the submissions of a party and the rule ne ultra petita , and the costs and financial support the Court receives. The procedure of the Court is regulated primarily by its Statute, specifically Chapter III (articles 39 to 64), and as regards advisory proceedings Chapter IV, articles 65 to 68. These texts provide the procedure to be followed by States bringing and conducting cases, and the procedure to be followed by the Court itself, in conducting hearings, directing the proceedings, and deliberating. The Statute however provides, in Article 30, that the Court has power to make rules ‘for carrying out its functions’, including rules of procedure, and in practice the provisions of these are at least equally important.

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