The Equality of the Parties
(2,014 words)

paragraph 258 in volume 3, chapter 16, Elements of International Procedural Law

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The major principle governing the procedure of the Court, as has been repeatedly stressed, is the equality of the parties.1 In the Court this is not an abstract notion or a mere declaration of principle, but a firm reality originating in the non-eclectic character of international law and the very nature and object of the international judicial process. Among other things it implies, for the Court, that legal remedies against a ju…

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Malcolm N. Shaw, “The Equality of the Parties”, 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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