paragraph 266 in volume 3, chapter 17, The Bench
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…