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46. What Is a Legal Dispute?

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Chapter Summary

This chapter first examines the general features of the term ?function' and then addresses individual aspects of the judicial function with special reference to the International Court of Justice. The main question is as to what are the overall purposes of proceedings in the International Court. The chapter examines a more 'objective', statutory-based understanding of the judicial function of the International Court of Justice. In doctrine, for instance, one may find four roles the Court performs in the discharge of its judicial function: the dispute settlement role, the supervisory role within the institutional structure of the United Nations, the advisory role, and the legislative role. In contrast, the present understanding of the judicial function is more specific and refers to the ends of judicial proceedings. It describes the ultimate aim or purpose judicial proceedings before the International Court may serve.

Keywords: dispute settlement; international court of justice; international law-making; judicial functions; legal stability

10.1163/ej.9789004167278.v-1086.295
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