Facts in Advisory Cases
(1,636 words)

paragraph 243A in volume 2, chapter 15, Advisory Jurisdiction

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For a long time it was an open question whether, in exercise of the advisory jurisdiction, the Court could answer a legal question directed exclusively to the establishment of facts, as opposed to the interpretation of facts. There were several reasons for these doubts. For example, the judicial function certainly extends to the establishment of facts, and for certain aspects of contentious cases, it is obligatory for the Court to establish the facts…

Cite this page
Malcolm N. Shaw, “Facts in Advisory Cases”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 16 January 2019 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0243A>
First published online: 2017
First print edition: 20161001

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