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By Rosenne, S.

This quantity collects papers written by way of Shabtai Rosenne during his uncommon occupation on quite a few themes, basically within the components within which he's most sensible identified for his services: foreign litigation and courts, the legislation of treaties, the legislation of the ocean and kingdom accountability.

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Article 65, paragraph 2, of the 1946 Rules (and its predecessor), gave the President power, if the Court was not sitting, to fix time limits within which if the intervention was not opposed the intervener could file a memorial on the merits. This was “without prejudice to the decision of the Court on whether the application should be granted”. The 1978 Rules drop this. 28 Under Articles 88 and 89, relating to discontinuance, the President has the power to make the necessary orders when the Court is not sitting.

130. It has even introduced a special procedure to ensure this. Delimitation and Territorial Questions between Qatar and Bahrain (Jurisdiction and Admissibility) case, ICJ Rep. 1994 112 and 1995 6. And see ‘The Qatar/Bahrain Case: What is a Treaty? A Framework Agreement and the Seising of the Court’, at Essay 22 below. 36 INTERNATIONAL LITIGATION AND COURTS perhaps a ripple do not seriously affect their mutual relations and are not any threat to international peace and security. The change lies in the voluntary waivers by most States of their absolute sovereignty through their membership in the United Nations and other international organizations, and through their participation in other multilateral and bilateral treaties.

21 In Article 63 the Court has delegated to the President, if it is not sitting, the power, at the request of a party or proprio motu, to take the necessary steps for the examination of witnesses otherwise than before the Court itself. Although witnesses have been called in several cases before the present Court or one of its Chambers, there has been no need yet to apply that provision. Article 65 lays down that the examination of witnesses and experts shall be under the control of the President, who, together with the other judges, may himself also put questions to them.

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