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Question time at the ICJ in contentious casesa functional analysis of the practice /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Question time at the ICJ in contentious casesby Karel Wellens.
Reminder of title:	a functional analysis of the practice /
Author:	Wellens, Karel.
Published:	The Hague :T.M.C. Asser Press :2025.
Description:	xvi, 349 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	Judicial process.
Online resource:	https://doi.org/10.1007/978-94-6265-683-3
ISBN:	9789462656833$q(electronic bk.)

Question time at the ICJ in contentious casesa functional analysis of the practice /
Wellens, Karel.

Question time at the ICJ in contentious casesa functional analysis of the practice /[electronic resource] :by Karel Wellens. - The Hague :T.M.C. Asser Press :2025. - xvi, 349 p. :ill., digital ;24 cm.

Introduction -- Procedural Law in Cases before the ICJ -- Questions from the Bench - A Functional Visit -- The Impact of the Time Factor and of Particular Circumstances -- A Closer Look at Parties' Replies and Comments -- The Functional Interaction at Work: Issues Raised during Question Time Finding Their Way into Judicial Reasoning -- Concluding Reflections: Revisiting the Functional Role of Questioning. Annex. References -- Index.

This book, written from a practice-oriented perspective, examines whether and how questioning from the Bench actually achieves its objective, i.e. to assist the Court. Particular circumstances such as incidental proceedings and the time factor have an impact on the act of questioning, while the provisional relevance of issues raised-perceived as such by both the Court and the parties-may later turn out to be effective and rather important. Judicial actors have raised both conceptual and contextual questions, as well as procedural and substantive, and even hypothetical ones. The subject-matter of questions depends on the Court's champ opératoire, while the parties' litigation strategy and their co-operational duties provide the framework to respond to the Court and to comment on the other party's replies. A survey of this practice-by both the judicial actors and the parties-well-established now after almost eight decades, constitutes the groundwork for the qualitative analysis of the manner in which questions, replies and comments have found their way into the judicial reasoning of the Court and of individual judges. In the overwhelming majority of judgments and individual opinions this judicial engagement has been co-decisive. This is the first, in-depth, and comprehensive monograph providing a functional analysis of this managerial tool at the Court's disposal, making it essential reading for both scholars and practitioners, studying and involved with the Court's jurisprudence. Karel Wellens is Emeritus Professor of International Law at the Radboud University Nijmegen in The Netherlands.

ISBN: 9789462656833$q(electronic bk.)

Standard No.: 10.1007/978-94-6265-683-3doiSubjects--Topical Terms:

232481
Judicial process.

LC Class. No.: K2146

Dewey Class. No.: 347.05

Question time at the ICJ in contentious casesa functional analysis of the practice /
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520 $a This book, written from a practice-oriented perspective, examines whether and how questioning from the Bench actually achieves its objective, i.e. to assist the Court. Particular circumstances such as incidental proceedings and the time factor have an impact on the act of questioning, while the provisional relevance of issues raised-perceived as such by both the Court and the parties-may later turn out to be effective and rather important. Judicial actors have raised both conceptual and contextual questions, as well as procedural and substantive, and even hypothetical ones. The subject-matter of questions depends on the Court's champ opératoire, while the parties' litigation strategy and their co-operational duties provide the framework to respond to the Court and to comment on the other party's replies. A survey of this practice-by both the judicial actors and the parties-well-established now after almost eight decades, constitutes the groundwork for the qualitative analysis of the manner in which questions, replies and comments have found their way into the judicial reasoning of the Court and of individual judges. In the overwhelming majority of judgments and individual opinions this judicial engagement has been co-decisive. This is the first, in-depth, and comprehensive monograph providing a functional analysis of this managerial tool at the Court's disposal, making it essential reading for both scholars and practitioners, studying and involved with the Court's jurisprudence. Karel Wellens is Emeritus Professor of International Law at the Radboud University Nijmegen in The Netherlands.
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