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27 - The use of Chambers of the International Court of Justice

Published online by Cambridge University Press:  02 November 2009

Vaughan Lowe
Affiliation:
University of Cambridge
Malgosia Fitzmaurice
Affiliation:
Universiteit van Amsterdam
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Summary

INTRODUCTION

Many jurists, including Sir Robert Jennings and other members and former members of the Court, have extensively examined the history and use of Chambers of the Court and this chapter will avoid, where possible, the temptation to dress up in different language observations and arguments already made on the subject. Rather, it will focus on more recent developments in relation to Chambers. Additionally, the author will make personal observations on aspects of the subject which may or may not have attracted prior commentary.

This part of the chapter will briefly review the types of Chamber that the Court may form under its Statute. The second part will examine whether the advantages that its architects foresaw for the Chamber system have been realized in practice. The third part will address some of the criticisms that have been levelled against the institution of Chambers. Finally, the fourth part will analyse the nature and role of the standing Chamber that the Court has recently formed to deal with disputes concerning international environmental law.

The Statute provides for the creation of three different types of Chamber. First, under article 29, the Court is required annually to form a Chamber composed of five judges which may hear and determine a case, at the request of the parties, by summary procedure. A materially identical provision appeared in the same article of the Statute of the Court's predecessor.

Type
Chapter
Information
Fifty Years of the International Court of Justice
Essays in Honour of Sir Robert Jennings
, pp. 503 - 527
Publisher: Cambridge University Press
Print publication year: 1996

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