The Permanent Court of International Justice, 1920-1942

By Manley O. Hudson; Bureau of International Research of Harvard University and Radcliffe College | Go to book overview
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CHAPTER 25 WRITTEN PROCEEDINGS

§500. The Terms "Procedure" and "Proceedings." In the English version of the Statute, the terms "procedure" and "proceedings" are employed in a somewhat confusing manner. "Procedure" (Fr., procédure) is used as the global term. It is employed as the title of Chapter III of the Statute, and a Chamber is created to hear cases by "summary procedure." Article 30 refers to the rules for regulating the Court's "procedure," but the French version is broader in its reference to the manner in which the Court will exercise its attributions. Articles 26 and 27 refer to the "rules of procedure under Article 30 " (Fr., règles de procédure visées à l'article 30). Though the term procedure is used quite consistently in the French version of the Statute, Article 43 in the English version shifts from "procedure" to "proceedings"; it refers to two parts of the "procedure," the written and the oral, and then deals with "written proceedings " (Fr., procédure écrite) and "oral proceedings" (Fr., procédure orale). Article 61 deals with the "proceedings" for revision (Fr., procédure de revision), and Article 63 provides for intervention in the "proceedings" (Fr., au procès).

The Rules show a confusion even more baffling. Chapter II of the 1922 Rules was entitled "Procedure" (Fr., De la Procedure); but subdivisional headings then became "written proceedings" (Fr., procédure écrite) and "oral proceedings" (Fr., procedure orale). Article 33 referred to "acts of procedure," but Article 34 referred to "documents of the written proceedings." Article 35 referred to "cases" brought by means of a special agreement, and to "proceedings" instituted by means of an application. The confusion is continued in the subsequently promulgated Rules. In the 1936 Rules,Article 35 refers to a "case" brought by means of a special agreement, but Article 41 refers to "proceedings" instituted Fr., l'instance introduite) by means of a special agreement; in other articles the term "proceedings" is used as the equivalent of the French procedure. Article 38 refers to "acts of procedure" (Fr., actes de pro-

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