Procedure before the ICJ: A Note on the Opening (or Not) of New Cases

Procedure before the ICJ: A Note on the Opening (or Not) of New Cases © Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157180310X500856 Th e Law and Practice of International Courts and Tribunals 9 (2010) 115–126 brill.nl/lape Procedure before the ICJ: A Note on the Opening (or Not) of New Cases Juan J. Quintana * Former International Visiting Scholar, American University-Washington College of Law, USA Abstract On 28 October 2009 Honduras fi led an Application instituting proceedings against Brazil before the International Court of Justice. Although this document apparently fulfi lled all the require- ments provided for in the instruments governing the Court’s functioning, it has not resulted in the entering of a new case in its General List. Th is article examines the conditions under which the opening of new cases takes place and argues that the Registrar of the Court has no discretion on the matter and is not justifi ed in leaving in legal limbo an act instituting proceedings that has been regularly fi led by a State entitled to appear before the Court. Keywords institution of proceedings; application; opening of cases; general list; discontinuance Two new applications instituting contentious proceedings were fi led in the Registry of the International Court of Justice between October and Decem- ber 2009. However, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Law & Practice of International Courts and Tribunals Brill

Procedure before the ICJ: A Note on the Opening (or Not) of New Cases

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Publisher
Brill
Copyright
© 2010 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1569-1853
eISSN
1571-8034
D.O.I.
10.1163/157180310X500856
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157180310X500856 Th e Law and Practice of International Courts and Tribunals 9 (2010) 115–126 brill.nl/lape Procedure before the ICJ: A Note on the Opening (or Not) of New Cases Juan J. Quintana * Former International Visiting Scholar, American University-Washington College of Law, USA Abstract On 28 October 2009 Honduras fi led an Application instituting proceedings against Brazil before the International Court of Justice. Although this document apparently fulfi lled all the require- ments provided for in the instruments governing the Court’s functioning, it has not resulted in the entering of a new case in its General List. Th is article examines the conditions under which the opening of new cases takes place and argues that the Registrar of the Court has no discretion on the matter and is not justifi ed in leaving in legal limbo an act instituting proceedings that has been regularly fi led by a State entitled to appear before the Court. Keywords institution of proceedings; application; opening of cases; general list; discontinuance Two new applications instituting contentious proceedings were fi led in the Registry of the International Court of Justice between October and Decem- ber 2009. However,

Journal

The Law & Practice of International Courts and TribunalsBrill

Published: Jan 1, 2010

Keywords: opening of cases; institution of proceedings; discontinuance; application; general list

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