Home >
Law >
International Law >
Question Time at the ICJ in Contentious Cases: A Functional Analysis of the Practice

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

Author: Karel Wellens
Publisher: T.M.C. Asser Press
ISBN: 9789462656826
Published In: September 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,861.00

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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.

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