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Question Time at the ICJ in Contentious Cases: A Functional Analysis of the Practice


ISBN13: 9789462656826
To be Published: September 2025
Publisher: T.M.C. Asser Press
Country of Publication: Netherlands
Format: Hardback
Price: £139.99



This book, written from a practice-oriented perspective, examines whether and how questioning from the Bench actually achieves its objective, i.e. to assist the Court. Particular circumstances such as incidental proceedings and the time factor have an impact on the act of questioning, while the provisional relevance of issues raised-perceived as such by both the Court and the parties-may later turn out to be effective and rather important. Judicial actors have raised both conceptual and contextual questions, as well as procedural and substantive, and even hypothetical ones. The subject-matter of questions depends on the Court's champ operatoire, while the parties' litigation strategy and their co-operational duties provide the framework to respond to the Court and to comment on the other party's replies.

A survey of this practice - by both the judicial actors and the parties - well-established now after almost eight decades, constitutes the groundwork for the qualitative analysis of the manner in which questions, replies and comments have found their way into the judicial reasoning of the Court and of individual judges. In the overwhelming majority of judgments and individual opinions this judicial engagement has been co-decisive.

This is the first, in-depth, and comprehensive monograph providing a functional analysis of this managerial tool at the Court's disposal, making it essential reading for both scholars and practitioners, studying and involved with the Court's jurisprudence.

Subjects:
Public International Law
Contents:
Introduction
Procedural Law in Cases before the ICJ
Questions from the Bench - A Functional Visit
The Impact of the Time Factor and of Particular Circumstances
A Closer Look at Parties' Replies and Comments
The Functional Interaction at Work: Issues Raised during Question Time Finding Their Way into Judicial Reasoning
Concluding Reflections: Revisiting the Functional Role of Questioning

Annex
References
Index