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The International Court of Justice by Thirlway, Hugh

III Contentious Proceedings, 8 The Procedure in a Contentious Case

From: The International Court of Justice

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 January 2020

Subject(s):
Registry — Counterclaims — Hearings — Memorials — Evidence — Settlement & discontinuance of cases

This chapter describes how the proceedings in contentious cases are set in motion. This can be done in two ways: if the parties have concluded an agreement ( compromise or special agreement) to bring the dispute before the Court, the case begins with the notification of this to the Court. If not, one State may file an application instituting proceedings against another State, and the Registrar communicates this to the State so named. The chapter further explores the minutiae of instituting these proceedings — the languages used, notifications, counterclaims, as well as written and oral proceedings. It also briefly discusses the submission of evidence into Court, as well as the public nature of the proceedings. The final section of this chapter is concerned with cases in which proceedings are concluded with no judgment at all — discontinuance.

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