Notes on the International Court of Justice (Part 1): Arguments for the Publication of the Rule-Making Materials
Chinese Journal of International Law, Vol. 7, p. 691, 2008
Posted: 25 Mar 2012
Date Written: November 1, 2008
Abstract
The current non-publication of the travaux préparatoires of the International Court of Justice Rules of Court is not easy to justify. There are concrete examples in which the availability of these materials will aid the interpretation of the Rules. Furthermore, broader considerations such as the spirit of the Statute, the prevailing trend in the world, the need to promote the rule of law, to inspire greater confidence in the Court and to improve efficiency in litigation before the Court all militate in favour of publication.
Already published: Sienho Yee, Notes on the International Court of Justice (Part 1): Arguments for the Publication of the Rule-making Materials, 7 Chinese JIL (2008), 691.
Keywords: International Court of Justice, rule-making, drafting history
Suggested Citation: Suggested Citation