Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The Balancing of Interests and the Granting of Interim Protection by the International Court

The Balancing of Interests and the Granting of Interim Protection by the International Court The Balancing of Interests and the Granting of Interim Protection by the International Court DWGreig Professor of Law Australian National University The role of members of the International Court, and indeed of the Court itself, is usually perceived in terms of a duty of judicial impartiality in deciding the issues in dispute between parties to cases brought before the Court. The notion of judicial impartiality is not expressly referred to in the Statute of the Court, except in the context of the solemn declaration required of each member of the Court by Article 20 that "he will exercise his powers impartially and conscientiously".! However, this requirement would seem to be inherent in the office of a judge and therefore to be the basis upon which any adjudicative tribunal should operate. The need for impartiality encompasses the Court's functions in their entirety: a decision that it has jurisdiction as weIl as a decision on the merits of a dispute. It is part of this conception of the judicial roIe that the Court, and not the States of matters referred to it. This does not involved in litigation, should be the arbiter mean that the States cannot limit the scope of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

The Balancing of Interests and the Granting of Interim Protection by the International Court

Loading next page...
 
/lp/brill/the-balancing-of-interests-and-the-granting-of-interim-protection-by-p345gJzB0N
Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0084-7658
DOI
10.1163/26660229-011-01-900000008
Publisher site
See Article on Publisher Site

Abstract

The Balancing of Interests and the Granting of Interim Protection by the International Court DWGreig Professor of Law Australian National University The role of members of the International Court, and indeed of the Court itself, is usually perceived in terms of a duty of judicial impartiality in deciding the issues in dispute between parties to cases brought before the Court. The notion of judicial impartiality is not expressly referred to in the Statute of the Court, except in the context of the solemn declaration required of each member of the Court by Article 20 that "he will exercise his powers impartially and conscientiously".! However, this requirement would seem to be inherent in the office of a judge and therefore to be the basis upon which any adjudicative tribunal should operate. The need for impartiality encompasses the Court's functions in their entirety: a decision that it has jurisdiction as weIl as a decision on the merits of a dispute. It is part of this conception of the judicial roIe that the Court, and not the States of matters referred to it. This does not involved in litigation, should be the arbiter mean that the States cannot limit the scope of

Journal

The Australian Year Book of International Law OnlineBrill

Published: Jan 1, 1991

There are no references for this article.