Aspects of Procedure
(646 words)

paragraph 337 in volume 3, chapter 23, Non-Appearance

previous paragraph

Two aspects of the procedure in instances of non-appearance require notice.

The first is that Article 53 is not applied automatically merely because a party has not appeared or has not defended its case. The circumstances in which that occurred are examined, for they might show that the Court has it in its power to dispose of the difficulties in which the party finds itself. The Nottebohm case is an instructive illustration of this. The absence of an automatic application of Article 53 also explain…

Cite this page
Malcolm N. Shaw, “Aspects of Procedure”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 19 January 2019 <>
First published online: 2017
First print edition: 20161001

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