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I. Introduction

I. Introduction I. INTRODUCTION (1) The theme . ' One of the main problems in the law of international judicial . institutions is the relationship between state sovereignty and the jurisdiction of the international tribunals. Submission to the juris- diction of an international tribunal implies to some extent a sur- render of sovereignty. The extent of that surrender may be said to . be proportionate to the degree of discretion open to the tribunal concerned when deciding cases submitted to it. I) The present work will deal with some important aspects of this judicial freedom of . determination. The primary object of this work is to analyse the power of an international tribunal to base its conclusion on arguments not ad- vanced by the parties. Must an international tribunal in setting forth the reasons for its decision, limit itself to points argued by the parties _. during the proceedings? Or may it rely upon elements which were not considered by the parties in their presentation to the court (or arbitral tribunal) ? This is a classical problem in the law of procedure in many countries. For several reasons, however, which will be gone into, it has a special position in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

I. Introduction

Nordic Journal of International Law , Volume 32 (1-4): 11 – Jan 1, 1962
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Publisher
Brill
Copyright
© 1962 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/187529362X00034
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION (1) The theme . ' One of the main problems in the law of international judicial . institutions is the relationship between state sovereignty and the jurisdiction of the international tribunals. Submission to the juris- diction of an international tribunal implies to some extent a sur- render of sovereignty. The extent of that surrender may be said to . be proportionate to the degree of discretion open to the tribunal concerned when deciding cases submitted to it. I) The present work will deal with some important aspects of this judicial freedom of . determination. The primary object of this work is to analyse the power of an international tribunal to base its conclusion on arguments not ad- vanced by the parties. Must an international tribunal in setting forth the reasons for its decision, limit itself to points argued by the parties _. during the proceedings? Or may it rely upon elements which were not considered by the parties in their presentation to the court (or arbitral tribunal) ? This is a classical problem in the law of procedure in many countries. For several reasons, however, which will be gone into, it has a special position in

Journal

Nordic Journal of International Law – Brill

Published: Jan 1, 1962

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