Application Instituting Proceedings
(2,279 words)

paragraph 298 in volume 3, chapter 19, The Institution of Contentious Proceedings

previous paragraph

Article 40 of the Statute and Article 38 of the Rules govern the institution of proceedings by means of an application - not limited to mainline proceedings.1 Article 38 of the Rules reads:

When proceedings before the Court are instituted by means of an application addressed as specified in Article 40, paragraph 1, of the Statute, the application shall indicate the party making it, the State against which the claim is brought, and the subject of the dispute.
The application shall sp…

Cite this page
Malcolm N. Shaw, “Application Instituting Proceedings”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 17 February 2019 <>
First published online: 2017
First print edition: 20161001

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