paragraph 271 in volume 3, chapter 17, The Bench
There have been several instances in which the States concerned have agreed not to appoint judges ad hoc. Examples include the Nottebohm (Preliminary Objection),1Sovereignty over Certain Frontier Land,2Temple of Preah Vihear,3Border and Transborder Armed Actions,4 the Phosphate Lands in Nauru,5 and the Kasikili/Sedudu Island6cases. The encouragement to this given in Article 35, paragraph 2, of the Rules of Court rests on a firm basis of State practice.
That a State or a group of States has not exercised i…