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19 The Institution of Contentious Proceedings

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Chapter Summary

The document seising the Court and in that way instituting contentious proceedings is the interface between the political or diplomatic difference and the depoliticized dispute between two or more States which is brought before the Court for settlement in application of international law through judicial techniques. The title of jurisdiction usually governs the method of seising the Court and indicates which State or States may perform that act. With regard to the indication of the parties, there is a distinction between the formal parties and the substantive parties. The formal parties are the States between which the litigation is being conducted and upon which the judgment will be binding. The substantive parties are the States directly concerned with the merits of the case or whose interests are directly the subject of the dispute.

Keywords: contentious proceedings; formal parties; International Court; substantive parties

10.1163/ej.9789004139589.i-1892.43
/content/books/10.1163/ej.9789004139589.i-1892.43
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