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

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The Function of the Proceedings
(1,655 words)

paragraph 256 in volume 3, chapter 16, Elements of International Procedural Law

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The institution of proceedings is the termination of the diplomatic evolution of the difference in the pre-judicatory phase and the act of transition from the diplomatic to the legal sphere. It consists in the more precise reformulation of the difference as a legal dispute which the Court is being asked to settle. Modifications may follow. The object of the proceedings is to carry this process through to its log…

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Malcolm N. Shaw, “The Function of the Proceedings”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 07 June 2023 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0256>
First published online: 2017
First print edition: 20161001



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