The Functional Continuity of the Two Courts
(1,211 words)

paragraph 13 in volume 1, chapter 2, The Establishment and Constitution of the Court

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A deliberate political decision, then, was taken at San Francisco that from the functional, as opposed to the organizational, point of view, everything possible would be done to maintain the functional continuity and even identification of the two Courts. This facilitated the transition to the new Court in the initial period, while not freezing the Court’s ability to cope with new types of problems in the developing United Nations context.

The fundamental continuity thus preser…

Cite this page
Malcolm N. Shaw, “The Functional Continuity of the Two Courts”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 18 February 2019 <>
First published online: 2017
First print edition: 20161001

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