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Preparation for International Litigation

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Chapter Summary

International litigation is not a course embarked upon at the drop of a hat. Before a State institutes legal proceedings against another State there are many matters which have to be considered, not least of which is whether to begin that process at all. The judgment of an international tribunal, together with the formal initiation of the proceedings and the written and oral pleadings of the parties which underpin the eventual judgment, constitute the visible or evident components of the settlement process. With decisions on the three Cs (Case, Counsel, and Court) duly taken, the State's legal advisers are in a position to address other matters which have to be dealt with before the State's case can be put before the chosen tribunal.

Keywords: case; counsel; court; dispute settlement; international litigation; international tribunal



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