12 - Procedure in Contentious Cases: Evolution and Flexibility

Summary

This chapter examines specific aspects of the Court’s procedure in contentious cases. The authors focus on the key features of procedure: the institution of proceedings; provisional measures; preliminary objections; intervention; and non-appearance. For each of these aspects of procedure, the authors set out the current rules and practice, commenting on the way in which they have evolved, and making some suggestions for further innovation by the Court. They note that there have been recent calls urging he Court to codify aspects of its practice on procedural issues into generally applicable rules. While this might seem an attractive approach, the authors argue that this has the potential to unduly restrict the way in which the Court addresses cases – each of which may have its own particular procedural needs. They emphasise the need for the Court not to be overly prescriptive, but to ensure that it retains power to ensure a fair and just outcome in each particular case.