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"Une hérésie en matière judiciaire"? The Role of the Judge ad hoc in the International Court

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In international law, the unfolding of the principle of the equality of the litigants — the sovereign equality of the litigant States — has resulted in their ability to nominate a judge to participate in the decision of the dispute by the International Court of Justice on terms of complete formal equality with the regular, or titular, judges. The institution of the judge ad hoc, appointed by the parties after a dispute has been submitted to the International Court, is alien to domestic systems of adjudication, but essential differences between municipal and international litigation must be given their due. The article questions, however, whether there is any solid basis for the continuation of the system of judges ad hoc.

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