The Concept of Judge Ad Hoc
(3,017 words)

paragraph 266 in volume 3, chapter 17, The Bench

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The provision of Article 31, paragraph 1, of the Statute, to the effect that judges of the nationality of each of the parties shall retain their right to sit in the case before the Court, is acknowledgement of the diplomatic function of judicial settlement as a means for the pacific settlement of international disputes. It also emphasizes the conceptual difference between the international magistrature and the internal judicial system within a State. Its presence can receive ample justification both in the histo…

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Malcolm N. Shaw, “The Concept of Judge Ad Hoc”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 19 October 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0266>
First published online: 2017
First print edition: 20161001



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