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29 The Courts Extrajudicial Function

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Chapter Summary

The importance of Court's primary functions has increased since the Peace Treaties advisory opinions and the great expansion in instances of recourse to international arbitration procedures. The advisory opinions demonstrated the need for dispute-settlement mechanisms to contain built-in safeguards against their deliberate frustration. The main characteristic of the extrajudicial function is that its performance does not require any consideration of the merits of the dispute calling for the application of the provision embodying the obligation of recourse to the extrajudicial function. The performance of the function is limited to the appointment of the person or persons required to constitute the panel to which the dispute is to be submitted, with no implication whatsoever as to the possible outcome of the proceedings.

Keywords: extrajudicial function; International Court; Peace Treaties



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