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20 The Written Proceedings and Related Matters

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Chapter Summary

The common feature of the instances of joinder is that the separate proceedings all dealt with the same general situation and had so much in common, especially the facts, that their continuation as separate cases would have been inconvenient and otiose. The technical names given by the Statute to the different written pleadings are: Memorial, Counter-Memorial, Reply and the Rules have added Rejoinder. The main purpose of the reply and rejoinder is to clarify issues raised in the initial round of pleading. These pleadings normally contain submissions although the Rules do not make this obligatory. The present Court has been concerned with defining more precisely what a submission is, and more particularly a final submission, and with distinguishing the final submission from the arguments supporting it, as the basis for its decision.

Keywords: Counter-Memorial; International Court; Memorial; Rejoinder; Reply; written proceedings

10.1163/ej.9789004139589.i-1892.60
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