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V Questions of Procedure, 1990–2011, Ch.I: The Composition of the Court for Particular Cases

From: The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence Volume II

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 16 August 2022

Subject(s):
Judges — Standing — International courts and tribunals, decisions
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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