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30 Advisory Proceedings

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Chapter Summary

The procedural code for advisory proceedings is set out in Article 65, paragraph 2 and Article 66 of the Statute, supplemented by Part IV, Articles 102 to 109, of the Rules of Court. There are two principal and characteristic differences between the advisory and the contentious procedure. The first is that since there are normally no 'parties' in advisory cases, the role of the States and of the international organizations concerned is, or should be, limited to that of an amicus curiae nature. The second is that the Court has a broad discretion with regard to the procedure to be followed. In advisory proceedings, the Secretary-General has come to occupy a special amicus curiae role, one that may in due course come to have a deeper significance for the future development of international judicial techniques.

Keywords: advisory proceedings; amicus curiae; International Court; provisional measures; Secretary-General



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