Principal Features of the Advisory Procedure
(3,615 words)

paragraph 409 in volume 3, chapter 30, Advisory Proceedings

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There are two principal and characteristic differences between the advisory and the contentious procedure. The first is that since there are normally no ‘parties’ in advisory cases, the role of the States and of the international organizations concerned is - or should be - limited to that of an amicus curiae nature. It is therefore voluntary and no account can be taken if a State is unwilling to inform the Court of its position on the question. That role consists in furnishing …

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Malcolm N. Shaw, “Principal Features of the Advisory Procedure”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 12 December 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0409>
First published online: 2017
First print edition: 20161001



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