International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
(1) The parties may appoint counsel or advocates for the defence of
their rights before the tribunal. They may also appoint delegates or
special agents to attend the tribunal for the purpose of serving as
intermediaries between them and the tribunal. The members of the
Permanent Court, however, may not act as agents, counsel, or advocates
except on behalf of the Power which has appointed them members of the
Court (article 62).
(2) The tribunal selects the languages for its own use and for use
before it, unless the _Compromis_ has specified the languages to be
employed (article 61).
(3) As a rule the arbitral procedure is divided into the two distinct
phases of written pleadings and oral discussions. The written pleadings
consist of the communication by the respective agents to the members of
the tribunal and to the opposite party of cases, counter-cases, and, if
necessary, replies; the parties must annex thereto all papers and
documents relied on in the case. This communication is to be made either
directly or through the intermediary of the International Bureau, in the
order and within the time fixed by the _Compromis_ (article 63). A duly
certified copy of every document produced by one party must be
communicated to the other party (article 64). Unless special
circumstances arise, the tribunal does not meet until the pleadings are
closed (article 65).
(4) Upon the written pleadings follows the oral discussion in Court; it
consists of the oral development of the pleas of the parties (article
63, last paragraph). The discussions are under the direction of the
president of the tribunal, and are public only if it be so decided by
the tribunal with the consent of the parties. Minutes with regard to the
discussion are to be drawn up by secretaries appointed by the president,
and only these official minutes, which are signed by the president and
one of the secretaries, are authentic (article 66). During the
discussion in Court the agents and counsel of the parties are authorised
to present to the tribunal orally all the arguments they may think
expedient in support of their case. They are likewise authorised to
raise objections and to make incidental motions, but the decisions of
the tribunal on these objections and motions are final and cannot form
the subject of any further discussion (articles 70, 71). Every member of
the tribunal may put questions to the agents and counsel of the parties
and demand explanations from them on doubtful points, but neither such
questions nor other remarks made by members of the tribunal may be
regarded as expressions of opinion by the tribunal in general or the
respective member in particular (article 72). The tribunal may always
require from the agents of the parties all necessary explanations and
the production of all acts, and in case of refusal the tribunal takes
note of it in the minutes (articles 69).
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