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Procedure before the ICJ: A Note on the Opening (or Not) of New Cases

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On 28 October 2009 Honduras filed an Application instituting proceedings against Brazil before the International Court of Justice. Although this document apparently fulfilled all the requirements provided for in the instruments governing the Court’s functioning, it has not resulted in the entering of a new case in its General List. This article examines the conditions under which the opening of new cases takes place and argues that the Registrar of the Court has no discretion on the matter and is not justified in leaving in legal limbo an act instituting proceedings that has been regularly filed by a State entitled to appear before the Court.

Affiliations: 1: American University-Washington College of Law USA

10.1163/157180310X500856
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/content/journals/10.1163/157180310x500856
2010-05-01
2016-12-04

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