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

CHAPTER 27 PRACTICE OF THE COURT

§526. Regulation of the Court's Practice. The term "practice" is used to denote the formal methods by which the Court exercises its judicial functions.1 To some extent it is regulated by the Statute and the Rules. From the beginning it has been recognized that a distinction is to be drawn between provisions relating to the parties' conduct of proceedings before the Court and the Court's handling of the questions and issues presented to it. In 1922, the Court rejected a suggestion that it should draw up two separate sets of rules, distinguishing rules of procedure from rules of Court.2 Again in 1935 it rejected a proposal to create a set of internal regulations separate from the Rules of Court.3Article 31 of the earlier Rules, and Article 30 of the 1936 Rules contain regulations concerning deliberations and decisions, and they have undergone but slight revision since 1922. A resolution concerning la pratique en matière judiciare was adopted as an experiment in 1931,4 and it was revised in 1936;5 but this resolution is by no means a complete guide to the practice followed, and in a given case its application may even be suspended.6

§527. Preliminary Exchange of Views before Hearings. After the close of the written proceedings and before the beginning of the hearing, a private meeting of the Court is held for an exchange of views among the judges with reference to the written proceedings and lacunae in the presentation of the case.7 Emphasis has been placed on the duty of judges "to make a complete study of the written proceedings before the hearing," and the preliminary examination after such study has been

____________________
1
See Series D, No. 2 (3d add.), p. 812.
2
Series D, No. 2, p. 106.
3
Series D, No. 2 (3d add.), pp. 403-4, 864.
4
Series D, No. 2, pp. 218-226, 268, 300. This resolution was not regarded as confidential, but it was published only in Series D. See Series E, No. 7, P. 297.
5
Series D, No. 1 ( 4th ed.), pp. 62-3; Series D, No. 2 (3d add.), pp. 748-50; Series E, No. 12, p. 196.
6
Series E, No. 14, p. 158.
7
Judges ad hoc participate in these meetings.

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