The Judicial Role of the Court
(3,231 words)

paragraph 34 in volume 1, chapter 3, The Political and the Institutional Role of the Court

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A political decision of two or more States to refer a matter to the Court means that the parties are in agreement upon the cardinal fact that they desire their differences to be settled not only through the application of international law but also by the operation of the judicial technique. That technique does not give priority to the individual wills of the States concerned, which are placed on a footin…

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Malcolm N. Shaw, “The Judicial Role of the Court”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 16 August 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0034>
First published online: 2017
First print edition: 20161001



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