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Separate Opinion of Judge A.A. Cançado Trindade in the Cases of Construction of a Road in Costa Rica along the San Juan River and of Certain Activities Carried Out by Nicaragua in the Border Area (Nicaragua versus Costa Rica, Costa Rica versus Nicaragua, Joinder, Order of 17.04.2013)

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Chapter Summary

This chapter discusses the proceedings in the present cases by the international court of justice. The ratio decidendi in the present decision of the Court is clear. The author addresses the issue of "implied" and "inherent powers", so as to provide some precisions in respect of the exercise of the international judicial function. Secondly, the author dwells upon the issue of the Kompetenz Kompetenz/la compétence de la compétence, inherent to the exercise of the international judicial function. Thirdly, the author reviews the sound administration of justice, and focuses attention on joinders effected by the Hague Court and international court of justice (ICJ) avant la lettre. Fourthly, the author perceives the sound administration of justice as idea of justice. The sound administration of justice (la bonne administration de la justice) and the procedural equality of the parties are examined.

Keywords: international court of justice (ICJ); international judicial function; Kompetenz; ratio decidendi



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