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IV Advisory Proceedings, 9 Procedure in Advisory Cases

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 — International courts and tribunals, procedure

This chapter examines the proceedings on a request for an advisory opinion. In an advisory case, the role of the requesting organization, and of States taking part in the proceedings, is — at least theoretically — to assist the Court at arriving at a clear and well-founded statement of the law. In fact, of course, individual States may have very definite interests of their own in the matter, and the requesting organization may also be seeking or hoping for an opinion aligned with a particular standpoint. Be that as it may, the procedure laid down in the Statute and Rules contains some element of the contradictoire , reflecting the rule of Article 68 of the Statute, whereby in advisory cases the Court is to be ‘guided by’ the provisions of the Statute applicable in contentious cases. The chapter also discusses participation in these advisory proceedings.

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