The Basic Approach
(3,129 words)

paragraph 254 in volume 3, chapter 16, Elements of International Procedural Law

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International law does not recognize a sharp distinction between the substantive law and adjectival law.1 This explains why there is no general theory of international legal procedural law on which detailed rules of procedure are superimposed. In the nature of things, the Permanent Court initially drew heavily on the law and practice of international inter-State arbitration as it had developed in the nineteenth century, and i…

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Malcolm N. Shaw, “The Basic Approach”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 21 February 2019 <>
First published online: 2017
First print edition: 20161001

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