Shadowing Adversarial Proceedings? The ICJ’s Lesser-Known Discretion in Advisory Procedure

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The ICJ's discretion in advisory procedures reflects its authority, influenced by distinct institutional principles.
Pending disputes significantly shape how the ICJ approaches its discretionary authority in advisory opinions.
The study critically examines the assimilation of adversarial proceedings into the ICJ's advisory procedure.
Article 68 of the ICJ Statute explicitly enshrines the discretionary authority of the Court in advisory contexts.

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This analysis highlights how the ICJ’s discretion shapes advisory procedures, revealing the influence of pending disputes.

Nasim Zargarinejad (2025) studied this question.

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