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By Taslim Elias

This e-book teams jointly contemporary experiences of a few of the main major gains of up to date public overseas legislations. It straddles a few 5 differing elements of the residing legislations of the United countries. even though written on various events and for various reasons, they're however lively by means of the typical perfect of analysing and synthesising present concerns with which the overseas court docket of Justice, the United international locations association itself and similar law-making organs and associations were grappling within the final 5 years or so. The remedy of the topics with which they deal and the style in their orientation obviously vary either in scope and intensive of analysing, based upon the actual elements of overseas legislations into consideration. They open up not just new horizons but in addition, as one in all its chapters shows, new conceptions and views in present foreign legislations. outdated issues are re-examined from new angles, a few new issues are studied in this type of means as to narrate them to their wide-spread roots and pristine importance in felony proposal. There are 5 major elements. the 1st and unavoidably the longest department offers with the overseas judicial procedure in approximately all its glossy ramifications as exemplified within the paintings of the court docket. the 1st research offers with difficulties of technique linked to the inner judicial perform of the court docket from the instant the general public hearings were accomplished as much as the supply of the judgment; in different phrases, how the court docket judges a case.

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Reports 1956, p. 26. 29. LCJ. Reports 1962, pp. 156-158. 29 It has been asked to answer a specific question related to certain identified expenditures which have actually been made, but the Court would not adequately discharge the obligation incumbent on it unless it examined in some detail various problems raised by the question which the General Assembly has asked. In order to appreciate that this manner of dealing with requests put to the Court for an advisory opinion has a long-established jurisprudence behind it, it will be recalled that the Permanent Court of International Justice said in its Advisory Opinion on the Delimination of the Polish/Czechoslovakian Frontier- the Jaworzina case: According to the actual language of the Preamble of the Request, the question upon which the Court is asked for an advisory opinion principally concerns the frontier in the region of Spisz, and the written and oral information supplied bears almost entirely on this point.

11 The procedure for hearing a case in the absence of the respondent may be held either in certain phases of a case only or where the absence of the respondent occurs in all the phases of the case. For example, in the Polish Agrarian Reform and German Minority, 12 Corfu Channel, 13 Anglo-Iranian Oil Co. 14 and the Nottebohm 15 cases the non-appearing respondent absented themselves only in certain phases of the case. On the other hand, the absent respondent may not appear throughout all the phases of the case, as happened in the Fisheries Jurisdiction, 16 Nuclear Tests, 17 the 4 gean Sea 10.

Reports 1962, p. J. Reports 1966, p. 6. 2. J. Reports 1971, p. 16. 33 for advisory opm10n. Secondly, in its Resolution 3232 (XXIX) dated 12 November 197 4 entitled "Review of the Role of the International Court of Justice," the General Assembly again appealed to the members of the international community to make greater use of the Court, including recourse to the provision of Article 38, paragraph 2, relating to decision of a case ex aequo et bono, if the parties agreed thereto. The Resolution emphasizes the desirability of States studying the possibility of accepting, with as few reservations as possible, the compulsory jurisdiction of the International Court of Justice in accordance with Article 36 of its Statute, draws the attention of States to the advantage of inserting in treaties, in cases considered possible and appropriate, clauses providing for the submission to the International Court of Justice of disputes which may arise from the interpretation or application of such treaties; calls upon States to keep under review the possibility of identifying cases in which use could be made of the International Court of Justice; and draws the attention of States to the possibility of making use of Chambers as provided in Articles 26 and 29 of the Statute of the Court and the new Rules of Court, including those which would deal with particular categories of cases.

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