Discretion Based on the Court’S Judicial Character
(4,254 words)

paragraph 247 in volume 2, chapter 15, Advisory Jurisdiction

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The most important contention relating to the judicial character of the Court and its effect on the Court’s discretion regarding advisory opinions is based on the principle audiatur et altera pars. It was to the effect that as the request related to a legal question actually pending between two States, the power of the Court to give the advisory opinion could not be exercised without the consent of the States parties to the dispute, and that since that cons…

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Malcolm N. Shaw, “Discretion Based on the Court’S Judicial Character”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 18 February 2019 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0247>
First published online: 2017
First print edition: 20161001

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