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 24 INSTITUTION OF PROCEEDINGS

§489. Methods of Instituting a Proceeding. Under Article 40 of the Statute, a case may be brought before the Court, i.e., a contentious proceeding may be instituted, either (1) by the notification of a special agreement, or (2) by a written application addressed to the Registrar. Where a proceeding is pending, however, there are several possibilities of separate but subsidiary proceedings which may be instituted: by a preliminary objection, or by an application for permission to intervene under Article 62 of the Statute. A proceeding instituted by a preliminary objection stands apart from other subsidiary proceedings; it is given a somewhat independent position, being entered separately in the Court's general list of cases.1 A request for the indication of interim measures of protection does not institute a separate proceeding.2 A proceeding for the revision of a judgment is in no sense subsidiary. A proceeding relating to the interpretation of a judgment is also wholly independent. A respondent's counterclaim directly connected with the subject of the application institutes no separate proceeding; but if a respondent puts forward a claim not directly connected with the subject of the original application, under Article 63 of the 1936 Rules it "may form the subject of distinct proceedings or may be joined by the Court to the original proceedings." An advisory proceeding is instituted, under the new Article 65 of the Statute, by a written request. No special method is to be followed in the institution of a proceeding before one of the Chambers of the Court.

§490. Documents Instituting Proceedings. The document instituting a proceeding is not included among the "documents of the written

____________________
1
Special proceedings relating to preliminary objections in fourteen cases are listed in Series E, No. 15, pp. 45-6.
In the Losinger Case, the Court said that for some purposes documents submitting a preliminary objection were to be "assimilated to documents instituting proceedings." Series A/B, No. 67, p. 23.
2
Series D, No. 2 (3d add.), p. 559. But see Series E, No. 9, p. 165.

-539-

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