Abstract
Part II has shown that the Court is much more proactive than its arbitral counterparts in the identification of the subject-matter of its decisions, out of considerations that do not relate to the will of the parties or to the task of settling a specific inter-State dispute, but rather to systemic elements such as the need to respect the Statute, to safeguard the position of third States, to ensure consistency in its case law, or the Court’s institutional link to the United Nations.
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Notes
- 1.
Diplomatic and Consular Staff in Teheran, ICJ Reports 1980, p. 20, para. 37. Cf. already Aegean Sea Continental Shelf, ICJ Reports 1978, p. 13, para. 31.
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Forlati, S. (2014). Conclusions to Part II. In: The International Court of Justice. Springer, Cham. https://doi.org/10.1007/978-3-319-06179-5_12
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DOI: https://doi.org/10.1007/978-3-319-06179-5_12
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