§512. Priority and Urgency. Article 61 of the 1936 Rules provides that "a request for the indication of interim measures shall have priority over all other cases." Subject to that provision, cases are taken up in the order in which they become ready for hearing, and when several cases are ready for hearing the order is determined by their position in the General List of Cases provided for in Article 20 of the 1936 Rules;1 but this order may be varied "in special circumstances."2 A case may be postponed at the request of the parties, but in this connection the interests of parties to other cases which might have to be advanced are to be taken into consideration.3
Urgency is one of the factors which determine priority. Whether a case is urgent depends upon its nature and the circumstances in which it has arisen. Article 61 of the 1936 Rules provides that the decision on a request for interim protection "shall be treated as a matter of urgency."4 As the Chamber for Summary Procedure is established "with a view to the speedy despatch of business," cases before it are in some degree urgent. In the Chorzów Case, "relative urgency" was ascribed to proceedings in regard to a preliminary objection because they were said to be "in the nature of summary proceedings";5 and the President's order of October 10, 1932 in the Pless Case recited that such proceedings "are of an urgent character."6 In 1927, a proceeding relating to the interpretation of a judgment was said to be urgent.7 A request for an advisory____________________
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Publication information: Book title: The Permanent Court of International Justice, 1920-1942. Contributors: Manley O. Hudson - Author, Bureau of International Research of Harvard University and Radcliffe College - OrganizationName. Publisher: The Macmillan Company. Place of publication: New York. Publication year: 1943. Page number: 561.
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