Rosenne's Law and Practice of the International Court: 1920-2015

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Amendment of Application
(1,310 words)

paragraph 298A in volume 3, chapter 19, The Institution of Contentious Proceedings

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As a general rule, parties to litigation in the International Court cannot change the nature of the case as the pleadings progress. If parties were allowed to do that, there would be a risk that through such changes the rights and interests of third parties, technically protected by Articles 62 and 63 of the Statute, would be prejudiced. This notwithstanding, the Court has permitted the amendment of applications in limited exceptional circumstances.

It is significant that commenc…

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Malcolm N. Shaw, “Amendment of Application”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 07 December 2023 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0298A>
First published online: 2017
First print edition: 20161001



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