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5 Advisory Opinions

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Chapter Summary

Although the Statute of the Permanent Court was independent of the Covenant of the League of Nations, it contained no parallel provision regarding the power of the Court to give an opinion. The tendency of the Court to make a differentiation between the two types of opinion was more marked in the first decade of its existence. It led both to the assimilation of the written and oral proceedings to those of contentious cases and to the appointment of judges ad hoc. The decision of the Tenth Emergency Special Session of the General Assembly to request the advisory opinion on the Construction of a Wall raised the issue of whether that type of session, convened under particular circumstances, may request an advisory opinion. The Court transmits the advisory opinions to the Secretary-General of the United Nations or the corresponding officer of the requesting organization.

Keywords: advisory opinions; League of Nations; Permanent Court; United Nations



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