Procedural Developments at the International Court of Justice

in The Law & Practice of International Courts and Tribunals
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The present column covers procedural developments at the International Court of Justice in the period spanning from 1 February 2013 to 31 May 2014. These include: the Court’s discretion to join proceedings and the admissibility of counter-memorials in the Certain Activities/Construction of a Road cases; questions of judicial propriety arising in the Frontier Dispute case; interpretation of a reservation to a declaration made under the Optional Clause and intervention under Article 63 of the Statute in the Whaling case; assessment of the requirement of imminent risk when unilateral undertakings are given in provisional measures proceedings in the Certain Activities/Construction of a Road and Seizure and Detention cases; and the extent of the Court’s jurisdiction under Article 60 of the Statute in interpretation proceedings in the Temple case.

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References

10

I.C.J. Press Release 2014/18, 25 April 2014.

22

Ibid., p. 2.

29

Ibid., p. 2.

43

See, most recently, Jurisdictional Immunities of the State (Germany v. Italy), Counter-Claim, Order of 6 July 2010, I.C.J. Reports 2010, paras. 14–15.

71

Namely, Free Zones of Upper Savoy and the District of Gex (Second Phase), P.C.I.J., Series A, No. 24, p. 14 and Société Commerciale de Belgique, Judgment, 1939, P.C.I.J., Series A/B, No. 78, p. 178. See the discussion in Frontier Dispute (Burkina Faso/Niger), Judgment of 16 April 2013, paras. 56–57.

107

Order of 13 December 2013, paras. 22–23.

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